What is a Garnishment?
When there is a dispute between a debtor and a creditor it can lead to a lawsuit. The winner of that lawsuit will get a judgment. That judgment can be used by a creditor as a basis to garnish a part of a consumer’s wages until the judgment has been satisfied. The debtor’s employer must cooperate with the creditor in a garnishment.
How can Garnishment be Prevented?
A consumer should carefully monitor his or her relations with a creditor. Whenever possible a consumer should try to avoid having judgments against them that could be used by the creditor as a basis for garnishment. Once a creditor has put a matter into a lawsuit it is a sound idea for the consumer to immediately seek out the help of an experienced debtor lawyer.
It is important for consumers not to just bury their heads in the sand and let the creditor move unopposed to get a judgment against them. The consumer may try to settle the case either by paying off the bill, working out a payment plan, offering a percentage of the total debt owed as a compromise settlement or putting in a defense to the lawsuit if there is one.
In some situations, the debtor may even have his or her own basis for going after the creditor based on a violation of law by that creditor. It is important that consumers carefully assess their situation when faced with the prospects of a creditor pursuing a lawsuit against them. A creditor who wins a lawsuit will get a judgment that could act as a basis for garnishment.
Many consumers do nothing and allow the creditor to take a default judgment against them. This results in a permanent record and may lead to potential problems down the road. It a good idea to get skilled legal help before the creditor gets a judgment.
What are Illegal Creditor Practices?
Consumers should not assume that creditors can do anything they want. There are laws that restrict collection practices. Rather than give up when hounded by a creditor, the consumer should seek out the legal help of a qualified debt relief lawyer.
For example, there are both state and federal laws that may apply to the collection practices being used by a collection agency against a consumer. There is a federal law called the “Fair Debt Collection Practices Act” that provides important protection to consumers.
Consumers faced by hounding creditors should not ignore the problem, but move in a timely way to get help before it leads to further problems such as a judgment against them which can act as the basis for garnishment.
Looking for a Qualified Bankruptcy Lawyer?
The first line of defense against garnishment is to avoid having the creditor get a judgment against you. If that cannot be avoided, then a settlement of the judgment before garnishment can be of use in stopping the threat of garnishment.
Unfortunately, not all situations may allow for consumers to either stop a creditor from winning a judgment or allow for the debtor to reach a settlement with the creditor that would avoid garnishment.
Consumers who are not able to avoid a judgment, have a judgment against them or are unable to otherwise settle a claim with a creditor should seriously consider getting debt relief that would eliminate enforcement of the judgment through garnishment.
Bankruptcy law allows protection for eligible debtors against garnishment. Barrera Legal Group is committed to stopping garnishment permanently. Schedule a free initial consultation today.