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.
Pennsylvania USLegal Guide on How to Stop Garnishment
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You can also stop most garnishments by filing for bankruptcy. Your state's exemption laws determine the amount of income you'll be able to keep. (If you're unable to pay your bills, learn which debts get wiped out in Chapter 7 bankruptcy.)
Act quickly to prevent wage garnishment You can file a Claim of Exemption any time after wage garnishment has started, but you'll only get wages back from the time after you submit the claim. If you act quickly, you can stop it before it even starts. By law, your employer cannot fire you for a single wage garnishment.
Federal law places limits on how much judgment creditors can take. The garnishment amount is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less.
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.
Pennsylvania does permit what is called "bank garnishment." This means if you have money in a bank, a creditor may obtain a judgment against you in court and garnish whatever money is deposited there ? even if that money is from a direct deposit of wages. Once the money is in the bank, it is subject to garnishment.
Pennsylvania has strong protections for consumers against garnishment ? in fact, 100% of wages or salary are exempt from garnishment. In addition, Pennsylvania has broad exemptions for things like pensions or retirement benefits, worker's compensation, unemployment benefits, and usually life insurance benefits.
Collect evidence showing how detrimental the wage garnishment is to your financial stability or how you qualify for an exemption. In either case, the creditor may agree to a solution that doesn't involve a garnishment, such as an adjustment payment plan or a settlement for a lump sum.