I Disputed The Debt And Got Garnished Anyway: What Can I Do?
Being sued for debts is a stressful experience. No payment of debt is not an intentional act, but usually comes about due to unforeseen circumstances. For most people an unexpected life circumstance leads to debt quickly piling up, which is impossible to pay. All it takes is one catastrophic event, such as being diagnosed with cancer or being in a serious accident, for your finances to take a tumble. If you have received a demand for payment, the first step you should take is to dispute the debt and request the creditor provide what is due. This is the only way to ensure you are paying a legitimate debt and that the amount is accurate.
Even though it is your legal right to dispute a debt, some creditors proceed with legal process despite your dispute. When left unanswered, a demand for payment can escalate to a lawsuit. If you fail to defend the lawsuit a judgment can be entered against you and once that happens the next step is garnishment. To put an end to a garnishment on a disputed debt, take the following steps:
● Challenge the garnishment itself and seek to be exempt from being garnished.
● File a motion to vacate the judgment against you.
● Bring an independent action against the creditor for wrongful collection.
The options you have depend on how long it has been since the judgment was entered against you, and at what time the garnishment was issued. The rules of civil procedure will dictate your choices, and a skilled debt relief attorney can help figure out where in the stage your case is and advise your legal options. Call us for more information and for a review of your case.