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Strategies to Stop Wage Garnishment in Wisconsin: A Practical Guide

Posted by Nathan DeLadurantey | Dec 13, 2023

Facing wage garnishment can be a daunting experience, but residents of Wisconsin have rights and options to halt or mitigate this process. In this blog post, we'll explore effective strategies to stop wage garnishment in Wisconsin, empowering individuals to take control of their financial situation and work towards a resolution.

  1. Understand Your Rights:

    The first step in stopping wage garnishment is understanding your rights as a debtor in Wisconsin. Creditors must follow legal procedures, and debtors have the right to receive proper notice before wage garnishment begins. Familiarize yourself with both federal and state laws that regulate the garnishment process to ensure that your rights are protected.

  2. Verify the Validity of the Debt:

    Before taking any action, verify the validity of the debt in question. Check if the creditor has obtained a court judgment against you. If not, the wage garnishment may not be legally justified. If you believe the debt is not valid or there are errors in the judgment, consult with a legal professional to explore your options for challenging it.

  3. Negotiate with Creditors:

    In many cases, creditors may be willing to negotiate a repayment plan or settlement to avoid the time and expense of wage garnishment. Contact your creditor, explain your financial situation, and propose a reasonable repayment plan. Some creditors may be open to working with you to find a mutually agreeable solution.

  4. Request a Hearing:

    If you receive notice of wage garnishment, you have the right to request a hearing in court. This provides an opportunity to present your case, explain your financial circumstances, and potentially reach an alternative agreement with the creditor. Be sure to attend the hearing and bring any supporting documentation that demonstrates your financial situation.

  5. Explore Exemptions:

    Certain types of income are exempt from wage garnishment under both federal and Wisconsin state law. Social Security benefits, disability payments, and certain pension income are often protected. Verify if any of your income falls under these exemptions, and if so, inform your employer and the creditor to ensure that only non-exempt income is subject to garnishment.

  6. Seek Legal Advice:

    If you find the legal process overwhelming or encounter challenges in negotiating with creditors, seeking legal advice is crucial. A qualified attorney with experience in debt and bankruptcy law can provide personalized guidance, review your case, and help you navigate the legal complexities of stopping wage garnishment.

  7. Consider Chapter 128:

    You may want to consider filing a "Chapter 128" - which is a way to stop garnishment and force the creditor to accept monthly payments. This law also allows you to stop the interest from continuing to add to the balance of the debt owed! 

Conclusion:

Stopping wage garnishment in Wisconsin requires a proactive approach, a clear understanding of your rights, and careful consideration of available options. Whether through negotiation, legal proceedings, or exploring exemptions, taking timely and informed steps can help you regain control of your financial situation and work towards a more stable future. If facing challenges, consulting with a legal professional is a valuable resource to guide you through the process and advocate for your rights.

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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