Filing a Petition

• Rules may vary by jurisdiction, and a debtor may need to consult with an attorney before appealing a garnishment order. The first step is to contact the court that issued the original garnishment order and to request an appeal form. A debtor should provide the requested personal information, as well as the reasons for challenging the validity of garnishment. She may need to provide copies of documents to support her appeal. Most states only give a debtor 30 days from the garnishment notice date to file an appeal.
  
  

Severe Hardship

• Garnishment laws vary by state. Depending on his state of residence, a debtor may appeal a garnishment if it causes an extreme financial hardship for him and does not allow him to meet his daily needs. He must provide the evidence of hardship, such as copies of utility bills and bank statements, to show his living expenses. This exemption applies to a nonsupport garnishment. The court sets up a hearing upon receiving the petition. The judgment creditor has a right to file an objection challenging the debtor's petition.
  
  

Exempt Income

• Federal laws state that certain assets and income are exempt from garnishment and cannot be taken to repay debt. A creditor cannot garnish income derived from Social Security, disability, workers compensation, disability, alimony and child support and public and private pensions. If a creditor garnishes these types of income, a debtor can challenge the garnishment in court by filing an income exemption claim form. When challenging a garnishment, a debtor should provide letters or statements that show the source of funds deposited into his bank account.
  
  

Appeal Hearing

• A debtor must attend the court hearing to argue her case. She should bring the documents to support her appeal. If the court is located in another state, and a debtor is unable to attend in person, the judge may allow her to participate through a conference call or base his decision on the letter and the documents provided by the debtor. The judgment creditor may attend the hearing to present his case. Upon hearing both arguments, the judge will issue his decision to stop or to reduce the garnishment payment.