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How to Stop a Garnishment in Wisconsin: A Guide to Your Options

Posted by Nathan DeLadurantey | Feb 05, 2025

Facing a wage garnishment in Wisconsin can be a daunting experience. Having a portion of your paycheck automatically deducted can significantly impact your finances. However, understanding your options is key to regaining control. This post outlines several strategies that may help you stop or manage a garnishment in Wisconsin.

Understanding Garnishment in Wisconsin

Before exploring ways to stop a garnishment, it's essential to understand how it works. In Wisconsin, a creditor can garnish your wages after obtaining a court judgment against you for unpaid debt. This legal process allows them to collect a portion of your earnings directly from your employer until the debt is satisfied.

Strategies to Stop or Manage a Garnishment:

Here are several avenues you can explore to address a wage garnishment in Wisconsin:

  1. Negotiate with the Creditor: Often, the simplest approach is to contact the creditor or their attorney directly. Explain your financial situation and attempt to negotiate a payment plan that works for both parties. A mutually agreed-upon payment arrangement might lead the creditor to voluntarily stop the garnishment. Having this agreement in writing is crucial.

  2. File a Claim of Exemption: Wisconsin law exempts certain types of income and assets from garnishment. You may be able to claim an exemption if your income falls below a certain threshold or if the garnished funds are from exempt sources (e.g., Social Security benefits). You'll need to file a claim of exemption with the court and provide supporting documentation. The creditor can then object to your claim, leading to a court hearing.

  3. File for Chapter 128 Bankruptcy (Debt Amortization): Chapter 128 of the Wisconsin Statutes offers a structured debt repayment plan process. By filing for Chapter 128, you can propose a repayment plan to the court, and the automatic stay that goes into effect upon filing often immediately stops an existing wage garnishment. This option allows you to consolidate your debts and make payments over time under court supervision. It's a powerful tool, but it's important to understand the implications and seek legal advice.

  4. File for Chapter 7 Bankruptcy: While less common for stopping wage garnishments specifically, Chapter 7 bankruptcy can discharge many types of debt, potentially eliminating the debt that led to the garnishment. However, Chapter 7 involves liquidating non-exempt assets to repay creditors, and certain debts, like student loans, are typically not dischargeable. Again, consulting with a bankruptcy attorney is essential to determine if this is the right option for you.

  5. Challenge the Garnishment: In some cases, there might be legal grounds to challenge the garnishment itself. For example, if the debt is not valid, if you were not properly served with the lawsuit, or if the garnishment exceeds legal limits, you may be able to file a motion to quash or modify the garnishment order. This requires legal expertise and should be pursued with the help of an attorney.

  6. Pay Off the Debt: The most straightforward way to stop a garnishment is to pay off the debt in full. While this may not be feasible for everyone, it's the most definitive solution. Once the debt is paid, the garnishment will be lifted.

Key Considerations:

  • Act Quickly: The sooner you take action, the better your chances of stopping or managing the garnishment. Don't wait until a significant portion of your wages has been taken.
  • Seek Legal Advice: Navigating the legal complexities of garnishment and bankruptcy can be challenging. Consulting with an experienced attorney is highly recommended. They can assess your situation, explain your options, and represent you in court if necessary.
  • Document Everything: Keep detailed records of all communication with the creditor, the court, and your employer regarding the garnishment. This documentation can be crucial if any disputes arise.
  • Understand Your Rights: Familiarize yourself with Wisconsin's laws regarding garnishment and debt collection. Knowing your rights will empower you to make informed decisions.

Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online. 

About the Author

Nathan DeLadurantey

Nathan DeLadurantey ATTORNEY [email protected] Nathan is a skilled consumer lawyer who handles cases and trials all over Wisconsin. Phone consultations are always free and welcomed. Nathan has helped clients receive large jury verdicts and settlements stemming from consumer law violations, and is ready and able to assist.

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