How to Settle a Garnishment
- 1). If the judgment creditor has notified you that he will initiate supplemental garnishment procedures, contact the judgment creditor immediately and establish a plan to pay down the debt. Compute your weekly wages and be prepared to offer the creditor at least as much as he could attach under the garnishment statues of your jurisdiction, which in most states cannot exceed 25 percent of net disposable income.
- 2). If you have received notice of a court scheduled supplementary process hearing, be sure to attend the hearing. Bring your pay stubs and a list of other assets, income and monthly expenses. The purpose of a supplementary process hearing is to determine the ability of a debtor to pay the judgment. A court will order you to pay a certain amount each week or month to the judgment creditor. Compliance with the court-ordered payment plan will preclude any wage garnishment proceedings.
- 3). If you have received notice that wage garnishment proceedings have commenced, either contact the judgment creditor or attend the scheduled court hearing and attempt to negotiate a payment plan. Send the judgment creditor documentation that demonstrates your ability to pay or bring these documents to the garnishment hearing.
- 4). If your wages have already been attached, you can still settle a garnishment by paying off the total balance due or by offering to pay a similar amount that has been garnished each week. Since time-consuming garnishment procedures in many jurisdictions must be formally filed by the judgment creditor for each pay period, many creditors, eager to eliminate this burdensome administrative requirement, will be amenable to your offer.
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