A wage garnishment is a way a creditor can receive repayment for a debt regardless of whether a person want to make payments. Traditionally, a creditor must go through the legal process of obtaining a judgment against an individual to proceed with the garnishment.
How Can I Stop a Wage Garnishment in Oklahoma?
One way to stop a wage garnishment in Oklahoma is via the statute of limitations. Creditors in Oklahoma have to seek a garnishment:
- Five years for a written contract
- Three years for a foreign judgment
- Five years for a domestic judgment
If a creditor files a garnishment after the statute of limitations has expired, it will be stopped.
Do I Have Options if the Garnishment is within the Statute of Limitations?
Yes. One option is to file bankruptcy. Bankruptcy is the court process allowing a business or individual to obtain relief from their debts. The goal of bankruptcy is to give a fresh financial start while being fair to the debtor’s creditors. Bankruptcy has two types of chapters:
- Chapter 7
- Chapter 13
The type of bankruptcy a person files depends on their debts and ability to repay.
How Can Bankruptcy Stop a Wage Garnishment?
It’s has an automatic stay. The stay allows a debtor to obtain instant relief from the garnishment.
Can the Automatic Stay Stop My Wage Garnishment for Child Support or Taxes?
No. A wage garnishment can’t stop the wage garnishment for domestic support and child support debts.
Should I Talk To a Lawyer About My Wage Garnishment?
Yes. If your wages were garnished by a creditor and you live in Oklahoma, contact a lawyer. Your lawyer will start working immediately to stop the wage garnishment. Your lawyer will also inform you of all the legal option you have for stopping the garnishment.
