Having your wages garnished is stressful, but it doesn't have to continue indefinitely. Several legal options exist to reduce, pause, or stop wage garnishment completely. The right approach depends on your situation, the type of debt, and your financial circumstances.
Understanding your options helps you take action rather than simply accepting ongoing deductions from your paycheck.
Pay Off or Settle the Debt
The most direct way to stop garnishment is eliminating the underlying debt. Paying the full balance, including any accrued interest and fees, ends the creditor's right to continue garnishing.
If you can't pay in full, creditors often accept settlements for less than the full amount. A lump sum payment of 50-70% of the balance may satisfy the debt and stop garnishment. Creditors prefer guaranteed payment now over uncertain collection over time.
Get any settlement agreement in writing before paying. The agreement should confirm the settlement amount, that payment satisfies the debt in full, and that garnishment will cease upon payment.
Negotiate a Payment Plan
Many creditors will agree to voluntary payment plans that replace garnishment. Direct payments may cost less than garnishment because you might avoid additional fees and interest that garnishment adds.
Contact the creditor or their attorney to propose a payment plan. Show that you'll reliably make payments—perhaps through automatic debits—and explain why the arrangement benefits them (faster payment, lower collection costs, avoiding further legal proceedings).
If the creditor agrees, ensure the garnishment order is officially withdrawn or modified. A verbal agreement isn't enough—you need formal action stopping the withholding order to your employer.
Claim Exemptions
If your income is low enough, you may be entitled to exemptions that reduce or eliminate garnishment. Federal law protects income below 30 times minimum wage from ordinary debt garnishment. State laws may provide even greater protection.
File a claim of exemption with the court that issued the garnishment order. Provide documentation of your income and any applicable exemption basis (head of household, low income, protected income sources). The court will rule on your claim.
Even if you can't stop garnishment entirely, claiming exemptions may reduce the amount taken each pay period.
File for Bankruptcy
Bankruptcy provides the most powerful tool for stopping garnishment. The automatic stay that takes effect when you file immediately stops most collection actions, including wage garnishment. Creditors must halt garnishment as soon as they learn of the bankruptcy filing.
Chapter 7 bankruptcy may eliminate the underlying debt entirely, meaning garnishment never resumes. Chapter 13 involves a repayment plan but stops garnishment and may reduce what you owe.
Bankruptcy has significant consequences for credit and finances, so it's not a decision to make lightly. But for people overwhelmed by debt, it provides a fresh start that garnishment alone cannot offer.
Challenge the Garnishment
Sometimes garnishments are improper and can be challenged directly. Grounds for challenge include the underlying judgment being invalid or expired, the garnishment amount being calculated incorrectly, the debt being outside the statute of limitations, identity errors (wrong person being garnished), or the debt having already been paid.
File objections within the deadline specified in your garnishment notice—typically 10 to 30 days. Missing deadlines may forfeit your right to challenge. The court will hold a hearing on your objections.
Request Hardship Reduction
Some courts will reduce garnishment based on demonstrated hardship. If garnishment leaves you unable to afford necessities—rent, utilities, food, medical care—you may petition the court for reduction.
Prepare documentation showing your income, essential expenses, and how garnishment prevents meeting basic needs. Courts have discretion to adjust garnishment amounts when circumstances warrant.
This isn't available in all jurisdictions or for all debt types, but where permitted, hardship claims can provide meaningful relief.
Garnishment for Specific Debts
Student loan garnishment can potentially be stopped through rehabilitation programs, income-driven repayment plans, or proving undue hardship. Tax garnishment may be addressed through installment agreements, currently-not-collectible status, or offers in compromise.
Child support garnishment is harder to modify but may be adjusted if your income has changed significantly. Petition the family court to modify the support order based on changed circumstances.
Getting Legal Help
Stopping garnishment often requires navigating legal procedures, tight deadlines, and negotiations with creditors. A consumer rights attorney or legal aid organization can evaluate your options, help you choose the best approach, and handle the legal process. Many offer free consultations, and the benefit of stopping or reducing garnishment often far exceeds any cost. Don't accept ongoing garnishment without exploring your options.