How to get a wage garnishment lifted?

How to Get Wage Garnishment Removed? | Lawyer in Izmir

How to get a wage garnishment lifted?

Wage garnishment, a method used to collect debts during enforcement proceedings, is a common practice. When deductions begin from the debtor's salary for the outstanding debt, an up-to-date debt account, known as a "cover account," is created. Once the principal debt, interest, enforcement fees and expenses, and any attorney's fees are fully collected, the wage garnishment will be lifted upon the request of the creditor or their representative.

Once the enforcement proceedings are finalized, the creditor can garnish the employee's salary based on legal procedures established by law due to the debts. If a person against whom enforcement proceedings have been initiated is employed in either the public or private sector, the enforcement office can notify the employer to whom they are employed., Enforcement and Bankruptcy Law’According to articles 355 et seq., a wage garnishment order is sent. Accordingly, the employer who receives the garnishment order is obliged to notify the enforcement office within one week that the garnishment has been executed and the amount of the debtor's salary and wages, and to immediately deposit the garnished amount from the debtor's salary or wages to the enforcement office until the debt is paid off. What is wage garnishment? You can find our detailed article titled [article title] here.

The enforcement office, upon receiving a request for enforcement, issues a payment order and sends it to the debtor. In addition to the information in the request for enforcement, the payment order states that the debt and expenses must be paid within seven days, that the debtor must notify the enforcement office of any objections within seven days, and that if no objection is raised and the debt is not paid within seven days, a declaration of assets must be submitted within the same period. Failure to submit a declaration of assets or providing a false declaration will result in imprisonment. If the debt is not paid or an objection is not raised within the legal time limits, the enforcement proceedings will continue. If the debtor fails to raise an objection or pay the debt within the legal time limits, the enforcement proceedings become final. Once the enforcement proceedings are finalized, one of the first methods the creditor can resort to is wage garnishment. Wage garnishment, which means the seizure of the debtor's salary and wage receivables at their workplace, is frequently preferred due to its practicality in collecting debts. In addition to this, the creditor may also seize the debtor's real estate, vehicles, companies in which they hold shares, movable property in their home or workplace, cash assets in bank accounts, or rights and receivables held by third parties, along with the seizure request.

How to get a wage garnishment lifted?

There are two ways to address this. The first is to have any irregularities in the process annulled. For example, if irregularities have occurred in an enforcement file—such as improper notifications, or if an old file has been closed and then renewed without paying the required fees—the wage garnishment can be lifted by applying to the enforcement court. Another example is when two deductions are made from a debtor's salary; instead of making deductions to ensure minimum subsistence, the garnishment order should be applied. The Supreme Court accepts that if two deductions are made simultaneously from a debtor's salary, the amount necessary for the debtor and their family's livelihood can be deducted, and the remaining amount can be garnished. If there are multiple garnishments, they should be placed in order. If the salary is insufficient for the debtor and their family's livelihood, deductions cannot be made simultaneously for two separate files. In enforcement law, some procedures are only subject to review when an application is made to the enforcement court. Therefore, in both examples given, if an irregularity is suspected or detected, the necessary objections should be made.

Another answer to the question of how to lift wage garnishment is by paying the debt. The key point here is that the entire debt must be paid. Since the payment order issued to the debtor sometimes does not include items such as attorney fees, enforcement file expenses, court fees, and other expenses, the debtor who wishes to pay the debt should contact the opposing party's lawyer to state their intention to pay, or go to the enforcement office to obtain a statement showing the current debt amount and then pay the debt. Once the debt is fully paid, the enforcement office will send a memorandum to the employer stating that the debt has been paid and that no further deductions are necessary, thus lifting the wage garnishment.

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