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If you are facing garnishment, you will get a Nonperiodic Writ for Garnishment or a Periodic Writ for Garnishment. Your creditor filed one of these to get the garnishee to pay a judgment that you owe.
- If your bank account is being garnished, your bank is the garnishee.
- If your paycheck is being garnished, your employer is the garnishee.
Read An Overview of Garnishments to learn about more about garnishments.
If there is a problem with the garnishment, you can object to it. You can't object to the garnishment because you disagree with the judgment or with anything that happened in before the judgment was entered.
There are several reasons you can object to your garnishment. Each one is explained in the sections below.
There is a Mistake in the Writ
Look closely at the Writ of Garnishment. Check for errors in:
- The judgment amount
- The date of the judgment
- The interest that has added up
- The costs that have added up
- Any payments and credits that were applied to the balance
- The total balance now due
Your Money Is Protected From Garnishment
Some types of income are protected from garnishment. Read Income Protected From Garnishment to learn more.
You have an Installment Payment Plan
If you have an Order Regarding Installment Payments from the court and you're making the required payments on time, your wages can't be garnished. Read Getting An Installment Payment Plan to learn more about this.
Your Paycheck is Being Garnished for the Maximum Amount
There is a limit to how much of your paycheck can be garnished. If one creditor is taking the maximum limit, another creditor can't garnish more. Read An Overview of Garnishment to learn more.
You Paid the Judgment
If you have paid the judgment, including costs and interest, your creditor can't collect any more money from you.
Bankruptcy
If you have filed for bankruptcy, creditors must stop collecting the debt you owe while your case is pending. They also can't garnish you for a debt that was already discharged (released) in bankruptcy. When you start a bankruptcy case, your creditors are notified, and they can’t garnish you while it’s pending.
Filing your Objection
You can use the Do-It-Yourself Objection to Garnishment tool if you have a reason to object to the garnishment. There is no cost to file an objection to a garnishment.
You must file your objection with the court within 14 days of getting the notice of garnishment to stop the garnishment. For more information, read the instructions in I'm Being Garnished for a Debt That Is Not Child Support.
If you file your objection more than 14 days after you get the notice, the following things can happen:
- Your money will be garnished while your objection is being considered.
- Money will be taken from your bank account or your paycheck to pay the creditor.
- If the judge agrees with your objection, the creditor should return your money.
What Happens After Your Objection
A hearing will be set within the 21 days after you file the objection. At the hearing, a judge will decide if they agree or disagree with your objection.
If the judge agrees with your objection, your money will not be garnished. If garnishment already happened, the creditor should return your money to you. This may take a while.
If the judge disagrees with your objection, your creditor will get to keep the money it has collected, or start the garnishment.
Other Options
You can file a Motion for Installment Payments to stop another garnishment of your paycheck. To learn more, please see Requesting and Installment Payment Plan to Pay a Judgment or use the Do-It-Yourself Motion for Installment Payment Plan tool to create your motion.
Objecting to a Written Statement
A written statement is a statement from your creditor that tells you the balance of the judgment, including costs and interest. If you get a written statement, you can object to the balance. You can only object if you believe the balance that is on the written statement is incorrect. You can use Do-It-Yourself Objection to Garnishment tool if you want to object to a written statement.