Is It Possible To Challenge A Garnishment?

The average person needs every penny of their paycheck to survive. Therefore, when a person receives notice that a garnishment request has been levied against their earnings, it can feel overwhelming. Garnishments are a legally authorized process that is typically the result of a judgment that was awarded to another company or individual against you. 

Although they are legal, it does not mean that you don't have any options; there are measures you can take. However, it's important that you act fast. Once the request is received, the order will be established within a set number of calendar days, as authorized by the state, unless the garnishment is contested. Learn how you can go about this process.

Object Its Validity

One of the easiest ways to challenge a garnishment is to refuse its validity. A tricky thing about a garnishment is that a creditor or individual can make this request regardless of the age of the judgment. As long as the judgment is listed as unpaid within the court log, they can make this request. 

However, there are instances, when a debt was either paid or dismissed, even after the judgment was awarded. If this scenario is the case in your situation, you can contend the garnishment request and provide evidence that the debt has already been paid or dismissed. 

Examine Its Legality

A garnishment request is a legal process, but the federal government does have guidelines that determine the amount at which an individual's earnings can be garnished. According to this guideline, the garnished amount cannot exceed a certain percentage of your net earnings. 

These guidelines are intended to ensure that the garnishee still has an opportunity to meet their needs financially. If the amount of the garnishment request exceeds this figure, you can contest its legality and work to have the amount reduced. 

Consider Bankruptcy

If the debt is valid and the garnishment amount is within the limits of the law, but you cannot afford for your income to be reduced, you might have the option to file for bankruptcy. Bankruptcy is a complex legal process in which you can discharge the debt, which means you will not have to pay it back.

However, it's important to understand that this process is not easy. The court will require that you prove that you are unable to repay the debt and that you are not simply trying to get out repaying the money.

If you have received a garnishment notice, remember it's critical that you act fast. Contact a financial service like Alaska Cascade Financial Services for assistance.