By filing bankruptcy.
I may even be able to help you get some of the garnished funds back! I have been successful in making creditors who have taken funds from clients’ paychecks or bank accounts return the money.
But I can only get the funds back that were taken in the last 90 days. So time is certainly of the essence. You must act quickly.
The far better option is to consult with a bankruptcy attorney well before the garnishment happens.
I am amazed the number of people who ignore a lawsuit all the way through the end. There are many steps a creditor must take to garnish you.
First the creditor has to sue you in state court. Then the creditor gets a judgment. Then the attorney tries to execute the judgment and will inquire as to your financial situation through a Fact Information Sheet. Now the attorney knows about your bank accounts and employer, if he or she didn’t know already.
Then the attorney works on getting the garnishment to satisfy the judgment.
This doesn’t happen overnight.
You should understand your options well in advance of having a creditor take money from your paycheck or bank account.
Some people come to the realization that bankruptcy is their best option. But they are already being garnished, and don’t have any funds to spare to pay an attorney to help them. An endless cycle of not having enough money to get help to stop the garnishment that is taking the needed money. Round and round it goes.
When one of my clients has a garnishment, I want to file the case as soon as possible.
Immediately after the filing, I send notice to the court and to the creditor’s attorney informing both that a bankruptcy has been filed. This stops any further action in the lawsuit.
It also puts the creditor’s attorney on notice to not take any more funds if the garnishment is already in place.
Seek my advice before the lawsuit becomes a financial burden. Don’t fall into a garnishment trap that may make it difficult to pay for the help you need.