Dealing with garnishments can be a daunting task and undoubtedly stressful, but it’s essential to understand how to stop them and get judgment relief. This short guide will review how to stop the garnishment from taking your income or assets, and under what circumstances you might be able to get exemptions from garnishment in Virginia.
How Garnishment Works
Garnishment occurs when a creditor obtains a court order allowing them to seize your assets to satisfy an outstanding debt. The garnishment process can target your bank account or wages, depending on the type of debt owed. In most cases, creditors will initiate garnishment after attempts to collect a debt through other means have failed. It’s important to note that certain types of income, such as Social Security benefits or disability payments, are typically protected from garnishment.
How a Foreclosure Might Help You Save Money
If you’re facing garnishment, a foreclosure might be an option to consider. Foreclosure is the legal process by which a lender can take possession of your home if you fail to make your mortgage payments. While a foreclosure can be a difficult and emotional process, it can also help you save money by eliminating your mortgage debt and stopping garnishment efforts.
How to Stop Bank or Wage Garnishments
Stopping a bank or wage garnishment requires taking action to resolve the underlying debt. Here are some steps you can take:
- Negotiate with your creditor to settle the debt or arrange a payment plan.
- File for bankruptcy, which will temporarily halt the garnishment process.
- Claim an exemption if you’re eligible. Exemptions can protect certain types of income or assets from garnishment.
How Can You Qualify for a Garnishment Exception
Garnishment exemptions vary by state, but typically fall into two categories: income exemptions and asset exemptions. Income exemptions protect certain types of income from garnishment, while asset exemptions protect specific assets from seizure. Examples of common exemptions include:
- Exemptions for Social Security benefits or disability payments
- Exemptions for retirement accounts, such as 401(k)s or IRAs
- Exemptions for homestead property, which can protect your home from foreclosure
If You’re Facing Garnishment in Virginia Contact the Law Offices of Robert S. Brandt
If you’re facing garnishment in Virginia, the Law Offices of Robert S. Brandt can help. With over 35 years of experience, I am an experienced bankruptcy attorney and the lawyer to stop garnishment who can guide you through the garnishment process and help you find a solution that works for you. Contact the Law Offices of Robert S. Brandttoday to schedule a consultation.