How To Stop A Wage Garnishment

stop wage garnishmentIf you don’t pay your debts your creditors can go to court to sue for the amount owing to collect your debts through a wage garnishment. If a creditor garnishees your wages, they obtain court garnishment order that directs your employer to make payments out of your pay to the creditor. Many people refer to this as having their wages ‘garnished’. This can be both embarrassing and a financial burden if the garnish amount is very high.

Three ways to stop a wage garnishment

  1. Pay off the debt. Unfortunately if your creditors has gone through the legal expense of obtaining a wage garnishment they are not likely to lift the order just because you agree to pay.
  2. File a consumer proposal to creditors.
  3. File for personal bankruptcy.

Only a licensed bankruptcy trustee can file a consumer proposal or bankruptcy for you. In almost all cases, these options will stop a garnishment.

If your wages are being garnished now, or you believe they soon will be, you need to act immediately. Waiting will just increase the amount taken from your pay through the garnishment and will not deal with your debt problem.

Contact a licensed bankruptcy trustee today. He or she will be able to advise choose the right option to stop your wage garnishment and deal with your debts.

Join the Conversation

  1. Joseph

    Hello,

    If a consumer has an unsecured debt (i.e.: credit card debt), and resides in a province where the statute of limitations has expired, can a creditor or a collections agency have the debtor’s wages garnished or have the contents of their bank accounts seized? Do the creditors have any legal recourse at all to collect anything from the debtor? If so, what would that be?

  2. Ted Michalos

    The Limitations Act provides a defence in Court – it does not stop creditors from taking collection action. For example, let’s say a person owed a bank $5,000, but haven’t made a payment or spoken to anyone about it in 4 years. Clearly the 2 year Limitation period has passed, but if the bank sues the person and the person does not respond to the notice then the Court won’t know the Limitation applies. So, the 2 year limit will help you in Court, but you have to go to Court to use it…

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