Garnishment is the method that creditors use to legally obtain significant portions of your income, property levies, assignment orders, and other financial means when they feel that they aren’t receiving what they need through normal repayment. It isn’t impossible to appeal against creditors and their attempted garnishments, although it can be difficult without a talented tax attorney. Most individuals who run into garnishment orders often struggle with the fact that they are already attempting to repay other debts. How is one supposed to live if his or her wages are divvied up and parsed out to creditors? There are a few routes of action to consider when you receive a garnishment order.
One way to avoid wage garnishment is to file a “claim of exemption” with the court that served you with the garnishment order. Unfortunately, you cannot reverse the garnishment order, but you are able to prove that the amount required will be detrimental to your base standard of survival. If you can prove this to the tax court, the garnishment order may either be tailored to meet your needs or even reduced, depending on the specific circumstances. In addition, a “claim of exemption” will call off the creditors while preventing them from issuing new garnishment orders. Calling upon the services of a knowledgeable tax attorney is not a bad idea, especially if your life and finances will suffer significantly from wage garnishment.
Like with most court exceptions, you must prove that you’re eligible for a “claim of exemption” by displaying documentation of housing, food, clothing, medical, and educational expenses (and other applicable criteria). You can use this information before a court of law to prove that your cost of living cannot accommodate wage garnishment if you are to fulfill your normal financial responsibilities. Of course, if you’re a shopaholic or are still paying off an expensive sports car, the court won’t take lightly to those expenses. It’s crucial that you prove the necessary costs of living, such as food and shelter.
You may try to negotiate your way out of a garnishment order, either by yourself or with a tax attorney. This can be an effective method because judgment creditors typically do not want to waste time or effort when attempting to seize your property; they also fear the chance of you filing for bankruptcy and/or losing your job, as neither will pay the creditor. It is usually difficult pitching a viable offer to a judgment creditor unless you have a seasoned tax lawyer on your side. You should steer clear of debt counseling agencies, which are often scams that don’t fulfill promises. While there are some legitimate agencies out there, your best bet for negotiation with a judgment creditor is help from a tax attorney.