Official Noncontinuing Post Judgment Earnings Garnishment Summons
Official Noncontinuing Post Judgment Earnings Garnishment Summons
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In most states, employers answer a writ of garnishment by filling out the paperwork attached to the judgment and returning it to the creditor or the creditor's attorney.
If it's already started, you can try to challenge the judgment or negotiate with the creditor. But, they're in the driver's seat, and if they don't allow you to stop a garnishment by agreeing to make voluntary payments, you can't really force them to. You can, however, stop the garnishment by filing a bankruptcy case.
Respond to the Creditor's Demand Letter. Seek State-Specific Remedies. Get Debt Counseling. Object to the Garnishment. Attend the Objection Hearing (and Negotiate if Necessary) Challenge the Underlying Judgment. Continue Negotiating.
1) Quit Your Job Of course, when you learn that your creditors have won a garnishment order against you, you always have the option of quitting your job.As such, while quitting your job is certainly a legal option, you may do well to consider other recourse alternatives.
Garnishment is a proceeding by a creditor (a person or entity to whom money is owed) to collect a debt by taking the property or assets of a debtor (a person who owes money). Wage garnishment is a court procedure where a court orders a debtor's employer to hold the debtor's earnings in order to pay a creditor.
In Oklahoma, wage garnishments stay in force for the lesser of the following: (1) satisfaction of the debt, or (2) the lapse of 180 days (or about six months) from the date the garnishment process started. Some debtor employees are saddled with more than one garnishment order.
If money is being taken out of your paycheck or bank account, you may be able to ask the court to stop or lower the amount of the garnishment. Lawyers call this a "Request or Claim for Exemption" from garnishment. An "exemption" means you will not have to pay the money to the creditor.
If you are served with a garnishment summons, do not ignore these documents because they do not directly involve a debt that you owe. Instead, you should immediately freeze any payments to the debtor, retain the necessary property, and provide the required written disclosure.