Legal Question in Credit and Debt Law in Georgia

What are my options to stop a wage garnishment from a collection agency over a credit card debt?


Asked on 4/28/14, 7:10 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

All of the options start with seeing a lawyer, except paying the debt in full.

Since you already lost the suit where you should have used a lawyer, your usual options are bankruptcy or paying the creditor enough where they go away. In some cases, if there are defects in the garnishment and underlying case, a lawyer may find other options.

Each day you fail to see a lawyer costs you money.

Read more
Answered on 4/28/14, 9:44 am

Your options are very few at this point - a wage garnishment means that a judgment was entered against you. A wage garnishment is good for 179 days and can be renewed any number of times.

To stop the wage garnishment you have to file for bankruptcy or pay off the balance remaining for less than 100% if the creditor will accept or the whole thing. Most creditors know that they can be paid via wage garnishment so they have little incentive to settle once wage garnishment starts.

It is possible, as noted by Attorney Ashman, to file a traverse to the garnishment but you only have 10 days from when the wage garnishment petition is filed. The grounds for that are very limited and only an attorney would be able to tell you after reviewing the paperwork.

Just so you know, bankruptcy will only stop the garnishment as to those funds which would be earned after the bankruptcy has been filed. If any funds have been garnished already, then they may not be part of the bankrupt estate.

How much is owing on the debt? Bankruptcy costs money to file and if you have less than $10,000 in dischargeable debt, it may be not be financially worthwhile.

I would follow Attorney Ashman's advice and see a lawyer as soon as possible - see a bankruptcy lawyer if you are leaning towards bankruptcy and a consumer/FDCPA lawyer if you are not going to file bankruptcy.

Read more
Answered on 4/28/14, 5:31 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Georgia