How to Challenge Wage Garnishment in 2025
First, the creditor must sue you and win a court order. After they have a judgment, they can seek to garnish your wages by filing additional documents with the court.
When you get wind of impending wage garnishment, you've got a small window of time to object and possibly stop it. The type of debt and state rules will determine how you do this.
Steps to Contest a Wage Garnishment
1. Get the Notice
Usually, before your hard-earned cash is withheld, you'll get a letter, often titled "Notice of Garnishment of Personal Earnings," which essentially is a heads-up that garnishment is on the horizon.
2. Act Fast
Time is of the essence! You could have as few as five days or up to 30 days to challenge the garnishment before it kicks in.
3. Understand the Instructions
Your garnishment paperwork should tell you:
- The last day to file your objection
- What form your objection should take
- What to include in your objection
- Where to file it
- If you've also got to notify the creditor
- When and where any hearings about your objection will be held
If these details are missing, immediately reach out to the court clerk who sent the garnishment documents to get this information.
4. File Your Objection Properly
- Case number and title (like "Bank vs. You")
- Date of your objection
- Your personal details
- Why you think the garnishment isn't valid
- Your signature
5. Explain Your Exemptions
Be specific about any legal exemptions you believe apply to your income, whether federal or state, and provide calculations for partial exemptions.
6. Attend the Hearing
If there's a hearing, you must go to make your case. Here, you won't argue whether you owe the money but rather focus on why your wages shouldn't be garnished. Bring supporting documents, such as pay stubs, to back your claims.
What About Taxes and Federal Student Loans?
Things are a bit different when it comes to the IRS, other tax authorities, or federal student loan lenders—they can garnish your wages without a court judgment. But you have certain rights:
- You'll receive a notice before garnishment starts.
- You can claim allowable exemptions on a form they provide.
For taxes, the amount taken can be limited, and for student loans, you'll generally get a 30-day notice period to appeal the garnishment.
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