If you owe a debt to a lender, such as a loan, hospital bill, or credit card, you can't automatically garnish your wages. Instead, the creditor needs to sue you first and get a court ruling against you. Once this happens, the judgment creditor must submit the court documents to initiate the garnishment process. As soon as a creditor tries to garnish your wages, you can challenge the garnishment by filing an objection. The procedures for opposing a wage garnishment depend on the type of debt the creditor aims to collect from you, as well as the laws in your state.
You usually have the right to be notified in writing and to a hearing before your employer starts withholding part of your wages to pay the court creditor. This notice usually takes the form of a "Notice of garnishment of personal earning" or a similar document sent by the court. Once you receive this notification that your wages are about to be garnished, you need to act quickly. You have a limited time, which can range from 30 days to just five working days, to dispute before the start of the garnishment.
Filing a written objection to the wage garnishment
The garnishment dispute process usually begins with the preparation and submission of documentation. The garnishment documents you received from the court should contain instructions on what you need to do to contest the garnishment. These instructions should include:
if you also need to submit a copy of your objection to the judgment creditor and to the other parties
if you use a form provided by the court or if you should provide your own objection in writing
the date, time, and place of the hearing the court will hold to consider your objection.
the deadline for filing the objection
the type of information that should be in your written objection
where to file the objection
whether such objection must be filed in writing
If the garnishment documents you received do not contain this information, immediately contact the registrar who issued the garnishment to obtain this information.
Ordinarily, a form will be included with the pledge notice that you can use to draft your objection and request a hearing. Otherwise, ask the clerk to send you the pledge notice. If the court does not have a form, you should draft your objection as best you can and submit it on time.
Content of the written objection
At a minimum, your objection in writing to the garnishment should include the following information:
case number and title (for example, "Bank ABC vs. John Jane")
the date of your objection.
your current name and contact details
the reasons (or "reasons") for the objection
your signature.
Grounds for objection
If you believe that your income is fully or partially exempt from federal or state law, you should state so in your written objection. Explain the true nature of the exemptions and provide estimates. Many states have a form specially designed for this purpose.
You may have other reasons to challenge the garnishment. For example, you have already paid the court creditor or received the bankruptcy cancellation. If so, it is necessary to describe the basis for this objection.
If you do not state the reasons for challenging the garnishment and promptly file a written objection with the competent court, you may have waived your right to challenge the garnishment at a later date. Therefore, it is important that you file a written objection as soon as possible.
The garnishment hearing
If the court sets up a garnishment hearing, you must attend that hearing to protect your wages. The date and time of the hearing are automatically provided with the initial pledge notice or communicated to you later after you have raised your objection. If the court has not given you a date for the hearing, even if you object in time, you should immediately contact the clerk of the court to find out the status of your objection and the date of the hearing, if applicable.
The validity of the process itself cannot be discussed at the hearing. Instead, the hearing is limited to your request for an exemption or other reasons why you think the garnishment is inappropriate.
The hearing: what is needed
You must bring copies of documents proving your objection, such as recent payment receipts if you request an income exemption.
If your objection is based on state or federal exemptions, the creditor's attorney can only appear if you believe your income is more than what you claim. If so, all you need to do is present your case to the judge or magistrate, who will interpret your request for an exemption under any available state or federal exemptions.
If the judge or magistrate accepts (or "confirms") your objection, the garnishment may be revised downwards or canceled altogether. If your objection does not win in court, it will be overruled, and the garnishment will be allowed to continue as filed.
Special garnishment: taxes and student loans
Some creditors do not need a court ruling to garnish your wages legally. These creditors include the IRS (and local and state tax creditors) and the federal student loan creditor. However, you still have certain rights. You will have to follow somewhat different procedures if you want to object to the garnishment, depending on who is trying to garnish you. At the very least, you will need to file a written objection and request any waivers that may be available under a separate federal or state law, usually within a short time after receiving notification of the garnishment.
Wage garnishment for taxes
If the IRS proposes to garnish your wages, you must be notified in writing of your intention to levy your wages. You will have the option to claim exemptions based on your family size and income on a form provided by the IRS. These exemptions are different from the exemptions you would be entitled to under other state and federal exemption laws. State and local tax authorities may go after your wages equally, subject to limits on the amount they can withdraw from your salary. Talk to a tax expert such as FLYNN FINANCIAL GROUP, INC. to determine the laws in your state.
Wage garnishment for student loans
In the event of a student loan garnishment, you must receive a written notice of at least 30 days of the garnishment. This 30-day period allows you to seek help if you have any difficulties (including a new payment plan), file a written objection, or request a hearing.
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