There are a few things you can do when your pay check is being garnished. You can either pay the debt, make an agreement with the person you owe or file a specific motion with the court.
Here’s how to stop garnishment:
Pay what you owe. This won’t stop the garnishment when you cannot pay the full amount.
Whoever got the garnishment, make a written agreement with that person and file this agreement with the Court Clerk. The agreement should specify an amount to pay each week or month.
File a Slow-Pay Motion by filing a form at the Court Clerk’s Office. A slow pay motion asks the judge to allow you to make small payments. This is the next step of action if the person who sued you won’t agree on a compromised amount.
If you file a Slow-Pay garnishment, it’s up to the judge’s discretion if he or she will allow the Slow-Pay Motion.
This form will ask:
Where you work.
How much you make.
How often you are paid.
The name and address of the person who got you garnishment.
Your case number.
How much the judge said you owe.
How much you’ve paid already.
The clerk will provide any information you don’t have. Then you will be asked by the clerk to swear that everything on the form is true to the best of your knowledge. A small filing fee may be collected when you file the form.
The court will ask you to come back on a certain day as well as the person you owe. You’ll have to convince the judge that you need to make smaller payments by showing copies of your rent, electricity, water, gas, and any other bills you have. List down all your expenses and any income you have.
The judge will inquire why you can’t pay the full amount and how much you can pay on a weekly or monthly basis. Be sure to offer to pay only as much as you can really pay. The judge may agree to the amount you suggested or he may ask you to pay more. The judge will tell you who to pay to and when. You may pay the court directly or it may go straight to the person you owe.
Always pay on time and keep a record (receipt or cancelled check) of what you pay. You would be subject to fines if you don’t pay on time. Or you would have to pay the full amount at once or the judge would order other penalties.
If you can afford an attorney, you should to do so and it might be more likely that you would be able to get the amount you want. If not, be prepared with as much information as you possibly have to prove your case.