As previously discussed, one way to deal with a garnishment is by using a Homestead Deed. Another possible method, if the facts are on your side, is to challenge the underlying judgment that preceded the garnishment.
If the foregoing options are not available to you, and if bankruptcy, for one reason or another, is simply not an option, you may be able to persuade the creditor to release the garnishment if you simply pay them a reduced amount then actually owed. Why would a creditor agree to a reduced amount than actually owed? Well, because all creditors are aware that most people have bankruptcy as an option so they would rather get something, rather than nothing. Moreover, all creditors prefer to get paid now, rather than later. Do not get me wrong, for this to work they will almost always expect a pretty hefty lump sum payment. So, you may be able to negotiate something like a $2,000 lump sum payment on a $8,000 judgment for instance.
Just to be clear, please understand that there are many creditors out there who may not be willing to “play ball” since they know that they have all the leverage in the world at this point. They can garnish your wages for a good five or six months, and then turn around and do it all over again until they have been paid in full. So, if that is the creditor you are up against, or if you simply do not have a couple of thousand dollars to offer them, then at this point you may have no other choice then to file for bankruptcy.
Finally, this strategy that I propose here makes senses if you credit score and credit report is looking pretty good. If the garnishment at hand is pretty much the only creditor chasing you down at this point and you have minimal other delinquent accounts, then by all means, see if you can buy them out. However, if your credit report looks as bad as my 8th grade school report (I was a mediocre student back then) and you owe thousands of dollars to a whole slew of creditors, then the above advice would not make sense. At that point, just cut you losses and file for bankruptcy.
One Reply to “3 Ways to stop a garnishment WITHOUT having to file for bankruptcy (Part III)”
I don’t the first way but I like your second way……..