Once you are subject to a court order to garnish your income, is there any way to stop it? Well in simple terms, the answer is yes, and no. The most straightforward way is still to talk to the creditor and reach an agreement or consensus on the repayment of the debt.
Going to court and challenging the garnishment is also possible, albeit rarely effective. If one can successfully argue that the garnishment causes hardship, the judge may sometimes rule in your favor, either to reduce the garnished amount, or even to cancel it. However, this does not happen very often and may be more trouble than its worth, if the garnished amount is not large.
IRS related garnishments can be compromised with a little luck, as in getting the amount reduced, if a tax attorney can prove that errors in the previous year’s taxes occurred, or if you can strike a bargain with the tax rep. Again, it is all about reaching an agreement with the creditor.
Bottom line, prevention is better than cure. That said, it doesn’t hurt to try, in the event the garnishment takes place. Read more in our latest featured article.