How to STOP a Wage Garnishment Immediately | Summary and Q&A

TL;DR

Learn how to stop wage garnishment in Arizona by raising objections, requesting a reduction, or filing for bankruptcy.

Key Insights

• 🫒 Wage garnishment in Arizona can be a significant financial burden, especially for individuals living paycheck to paycheck.
• 🤨 Raising objections to wage garnishment must focus on the validity of the judgment or procedural errors, and objecting to the garnishment itself is not sufficient.
• 😷 Asking the court to reduce the percentage of garnishment can be a way to alleviate financial hardship, but the minimum allowed by statute is 15%.
• ✋ Filing for bankruptcy is a "nuclear option" that stops wage garnishment immediately and also eliminates the underlying debt.
• 🤝 It is important to consult with a qualified attorney, especially one licensed in Arizona, for specific advice on dealing with wage garnishment.
• ✋ Communication with the employer and creditor is crucial to ensure they are aware of any legal actions taken to stop wage garnishment.
• 😀 Understanding the procedures and timelines involved in wage garnishment is essential for individuals facing this situation.

Transcript

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Questions & Answers

Q: How long do I have to raise objections to wage garnishment in Arizona?

In Arizona, you have 10 business days to file an objection to wage garnishment after receiving the writ of garnishment from your employer.

Q: Can I object to a wage garnishment if I believe I don't owe the debt?

While you can raise an objection based on the validity of the judgment, it is more effective to file a motion to vacate the underlying judgment in order to halt the garnishment.

Q: Can the court reduce the amount of wage garnishment?

Yes, you can request the court to lower the garnishment amount from 25% to 15% by demonstrating that it would cause severe hardship.

Q: How can filing for bankruptcy stop wage garnishment?

Filing for bankruptcy triggers an automatic stay, which immediately stops all collections, including wage garnishment. It also eliminates the underlying debt in most cases.

Summary & Key Takeaways

• Wage garnishment in Arizona can take away 25% of your pay, causing significant financial hardship for individuals living paycheck to paycheck.

• To stop wage garnishment, you can raise objections within 10 days of receiving the writ of garnishment, but objections must be based on valid reasons like incorrect judgment or lack of notice.

• Another option is to ask the court to reduce the percentage of garnishment, and in extreme cases, filing for bankruptcy can immediately halt all collections, including wage garnishment.