This guide provides an overview on garnishment law and how a person can stop a garnishment. Topics covered include general information and restrictions on garnishments of wages and bank accounts, as well as alternatives for stopping enforcement of a garnishment order.
North Dakota USLegal Guide on How to Stop Garnishment
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Ordinary garnishments Under Title III, the amount that an employer may garnish from an employee in any workweek or pay period is the lesser of: 25% of disposable earnings -or- The amount by which disposable earnings are 30 times greater than the federal minimum wage.
States that prohibit wage garnishment for consumer debt: North Carolina. Pennsylvania. South Carolina. Texas.
After your debt is paid in full, the creditor will ask your employer to stop garnishing your paycheck.
Dear Sir/Madam, I am writing to request that you stop the wage garnishment that is currently being imposed on me. I am unable to make the payments at this time due to [insert reason, such as financial hardship]. I have attached documentation that supports my claim.
At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.
If your wages or bank account have been garnished, you may be able to stop it by paying the debt in full, filing an objection with the court or filing for bankruptcy.
Federal law caps this type of wage garnishment at 25% of your weekly disposable income, or the amount by which your weekly income exceeds 30 times the federal minimum wage (currently $7.25 an hour), This means that if you are earning $290 or more, after taxes and withholdings, 25% of your income can be taken.
North Dakota follows federal law in terms of how much of your disposable income can be garnished by a creditor. Creditors can garnish whichever is less: 25% of your weekly disposable income, or. The amount by which your weekly income exceeds 40 times the federal minimum wage.