How To Stop A Garnishment

This doesn’t involve going to court.

Sometimes a creditor will agree to pause or lower the garnishment if you can pay a lump sum or set up a repayment plan. This doesn’t involve going to court.

Creditors don’t have to agree unless a judge orders them to — but it’s worth asking, especially if you have something to offer. Get any agreement in writing.

Learn more about negotiating directly with debt collectors. 

Filing for bankruptcy usually stops garnishments right away. 

When you file, a rule called the automatic stay blocks creditors from taking more money or property — including through garnishment 

Bankruptcy is a big step. It can hurt your credit and make it harder to borrow money later. It may be worth considering if: 

• You’re facing multiple debts or garnishments 

• You can’t afford to pay what’s being taken 

• Other options haven’t worked 

Learn more about bankruptcy and whether it makes sense for you.  

This is different from filing a Challenge to Garnishment (covered in the next section). 

In rare cases, you may be able to ask the court to cancel or “set aside” the judgment — the legal decision that says you owe the debt. 

This only works in specific situations. For example: 

• You were never told about the lawsuit 

• The creditor sued the wrong person 

• The creditor broke the law or made a serious mistake 

If the court agrees to cancel the judgment, the garnishment has to stop. This is not easy to do. You’ll usually need proof and might need legal help. 

// For more about challenging court decisions related to debt, see this article. 

//For more about what debt collectors are not allowed to do, see this article.       

This is the main legal tool you can use to stop or reduce a garnishment in Oregon — but it only works in some situations. 

A Challenge to Garnishment tells the court something is wrong. This usually means:

• The money or property being taken is protected by law (for example, Social Security, VA, or unemployment benefits)
• The amount being taken is more than what’s legally allowed
• The property isn’t legally subject to garnishment

You cannot file a challenge because the garnishment is hard for you or causing financial stress — the court can only stop it if the law says the money or property is protected.

Examples of protected income or property include:

• The protected portion of your paycheck
• Social Security, SSI, VA, or unemployment benefits
• Child or spousal support you receive
• Tools or property needed for work

//Go here to learn more about what income is protected and here about what property is protected. 

Filing a challenge means submitting a form to the court and sending a copy to the creditor. You may also have to go to a hearing and explain your situation — especially if the creditor already has your money or property. You’ll need to bring documents that help show the money or property is protected by law.

Learn how to file a Challenge to Garnishment.

Important Deadlines: There are short timelines for challenging garnishment.

• If your wages are being garnished: You have 120 days from the date of the garnishment notice. 
• If your bank accounts or property are being garnished: You have 30 days to file from the date of the garnishment notice.

Garnishment can feel sudden and overwhelming — especially if you're already struggling to make ends meet.

But there are steps you can take. You may be able to stop or lower the garnishment — especially if the law protects the money or things being taken. In other cases, you might be able to work out a plan with the creditor or consider bankruptcy.

If you're not sure what to do, nonprofit credit counselors or a legal professional may be able to help.