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- 1). Read the garnishment documents carefully. Typically, the law requires the judgment creditor to furnish you with copies of all the official garnishment documents, including the wage garnishment order and your employer's answer to the order, which will include a calculation of the portion of your wages subject to garnishment. Along with the official documents, you will usually receive an information sheet that outlines the garnishment procedure and instructs you how to dispute the garnishment through requesting a court hearing.
- 2). Read your state's garnishment laws carefully. In most cases, stopping a wage garnishment order requires you to prove that it is invalid under the law. Usually, the garnishment documents will identify the relevant laws in your state. To access the text of these laws, your local courthouse may maintain a legal reference library where you can make copies for later reading. Alternatively, your state legislature's website likely provides online access to the full text of the law.
- 3). Study whether legal grounds exist to have the garnishment overturned. Generally, the court will overturn a wage garnishment for several reasons. For example, if you are not a named party to the underlying judgment, a garnishment cannot proceed. Also, if the garnishment documents do not list the true outstanding judgment balance, the garnishment may be invalidated. If you cannot find a legal basis for having the garnishment overturned, you may still be able to have it reduced.
- 4). Study whether legal grounds exist to have the garnishment reduced. Though 25 percent garnishment is the federal maximum, it is subject to further reductions as set out in your state's garnishment laws. For example, federally-mandated exemptions include Supplemental Security income, Social Security, veterans' benefits, merchant seamen wages and other payments. You must refer to your local law for a full listing of exemptions. Determine whether your employer's garnishment calculation includes all applicable exemptions. If it does not, you have a legal basis to dispute the garnishment.
- 5). Request a hearing in the court that issued the garnishment order. Typically, you must make this request soon after receiving the garnishment documents from your creditor. Refer to the documents for time limits specific to your state. Generally, you can make your request for a hearing with the court clerk. The clerk will set a date and time and notify you and your creditor.
- 6). Appear at your hearing. Take any documentation that may help you prove your case against the garnishment. If the judge determines that your objections are valid, the garnishment will be cancelled or reduced as the law requires.
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