Dena Standley | April 14, 2023
Summary: Wage garnishment can cause your financial situation to go from bad to worse. Fortunately, North Dakota has state and federal laws to protect their residents from wage garnishment. One of the most important wage garnishment laws in North Dakota prevents more than 25% of your disposable earnings or disposable income exceeding 40 times the federal minimum wage per week ($290 from being garnished.
Are you facing wage garnishment in North Dakota? If so, you may be feeling overwhelmed and anxious about your financial situation. However, there's hope. Like many other states, North Dakota provides legal options for consumers to stop wage garnishment and regain control of their finances.
For instance, North Dakota laws restrict the amount a debt collector can take and the types of income eligible for garnishment. With these laws in mind, you can make a formal request to object to the garnishment or be exempted from paying the full amount in the order.
This article will explore these and other options to stop wage garnishment. But before that, let's break down North Dakota's wage garnishment laws.
In North Dakota, wage garnishment laws are governed by state and federal laws under the Consumer Credit Code of North Dakota and the Federal Consumer Credit Protection Act (CCPA). The following is a summary of these laws:
Undoubtedly, these laws favor the consumer, making it possible for you to fight the garnishment order using the following ways.
To object a garnishment order means formally challenging or contesting the validity, amount, or enforceability of the issued garnishment order. The reasons you can use to object wage garnishment include the following:
Further, objecting to a garnishment order involves filing a written objection with the court that issued the garnishment order and attending a hearing to present your case. To avoid experiencing the same stress with your other debts, you can settle the debt with your creditor before going to court. Check out this video to learn more about how debt settlement works:
Filing a claim of exemption in North Dakota allows you to assert your right to protect a portion of your income from garnishment. You must file the document within ten days of receiving the garnishment order, or you may not succeed in stopping it. Acceptable reasons for exemptions provided by the law include:
Let’s look at an example.
Example: Becky received a wage garnishment order of $430 from American Express due to an outstanding medical debt of $5,500. She receives Social Security disability benefits as her primary source of income due to a disability that prevents her from working. Hence, Becky filed a claim of exemption with the court asserting that her income consists solely of Social Security disability benefits and is therefore exempt from garnishment under federal law. The court canceled the garnishment after she provided supporting documentation.
You may think it is a losing battle to negotiate with creditors after they receive a garnishment order. But, creditors are willing to negotiate because the garnishment process can be expensive and too involving.
Negotiating involves requesting the creditor to settle the debt without taking your wages. You can offer to pay the entire debt or a lump sum and promise to pay the remaining amount within a short period.
The best way of negotiating for settlement is through SoloSettle—a software that helps you send and receive settlement offers until an agreement is reached. SoloSettle, powered by SoloSuit, helps you manage your settlement documentation and also protects your sensitive personal and financial information from creditors by transferring your settlement payment for you.
SoloSuit makes it easy to fight debt collectors.
You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.
SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.
>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
Here's a list of guides for other states.
Being sued by a different debt collector? Were making guides on how to beat each one.
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now are are just look for support, we're here for you.
Is your credit card company suing you? Learn how you can beat each one.
Going to Court for Credit Card Debt — Key Tips
How to Negotiate Credit Card Debts
How to Settle a Credit Card Debt Lawsuit — Ultimate Guide
Need more info on statutes of limitations? Read our 50-state guide.
Why do debt collectors block their phone numbers?
How long do debt collectors take to respond to debt validation letters?
What are the biggest debt collector companies in the US?
Is Zombie Debt Still a Problem in 2019?
If a car is repossessed, do I still owe the debt?
Is Portfolio Recovery Associates Legit?
Is There a Judgment Against Me Without my Knowledge?
Should I File Bankruptcy Before or After a Judgment?
What is a default judgment?— What do I do?
Summoned to Court for Medical Bills — What Do I Do?
What Happens If Someone Sues You and You Have No Money?
What Happens If You Never Answer Debt Collectors?
What Happens When a Debt Is Sold to a Collection Agency
What is a Stipulated Judgment?
What is the Deadline for a Defendants Answer to Avoid a Default Judgment?
Can a Judgement Creditor Take my Car?
Can I Settle a Debt After Being Served?
Can You Appeal a Default Judgement?
Do I Need a Debt Collection Defense Attorney?
Do I Need a Payday Loans Lawyer?
Do student loans go away after 7 years? — Student Loan Debt Guide
Am I Responsible for My Spouses Medical Debt?
Should I Marry Someone With Debt?
Can a Debt Collector Leave a Voicemail?
How Does Debt Assignment Work?
What Happens If a Defendant Does Not Pay a Judgment?
How Does Debt Assignment Work?
Can You Serve Someone with a Collections Lawsuit at Their Work?
How Many Times Can a Judgment be Renewed in Oklahoma?
Does Debt Consolidation Have Risks?
What Happens If You Avoid Getting Served Court Papers?
Does Student Debt Die With You?
Can Debt Collectors Call You at Work in Texas?
How Much Do You Have to Be in Debt to File for Chapter 7?
What Is the Statute of Limitations on Debt in Washington?
How Long Does a Judgment Last?
Can Private Disability Payments Be Garnished?
Can Debt Collectors Call From Local Numbers?
Does the Fair Credit Reporting Act Work in Florida?
The Truth: Should You Never Pay a Debt Collection Agency?
Should You Communicate with a Debt Collector in Writing or by Telephone?
What Happens After a Motion for Default Is Filed?
Can a Process Server Leave a Summons Taped to My Door?
Need help managing your finances? Check out these resources.
How to Make a Debt Validation Letter - The Ultimate Guide
How to Make a Motion to Compel Arbitration Without an Attorney
How to Stop Wage Garnishment — Everything You Need to Know
How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
Defending Yourself in Court Against a Debt Collector
Tips on you can to file an FDCPA lawsuit against a debt collection agency
Advice on how to answer a summons for debt collection.
Effective strategies for how to get back on track after a debt lawsuit
New Hampshire Statute of Limitations on Debt
Sample Cease and Desist Letter Against Debt Collectors
The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah
West Virginia Statute of Limitations on Debt
What debt collectors cannot do — FDCPA explained
Defending Yourself in Court Against Debt Collector
Arkansas Statute of Limitations on Debt
Youre Drowning in Debt — Heres How to Swim
Help! Im Being Sued by My Debt Collector
How to Make a Motion to Vacate Judgment
How to Answer Summons for Debt Collection in Vermont
North Dakota Statute of Limitations on Debt
ClearPoint Debt Management Review
Indiana Statute of Limitations on Debt
Oregon Eviction Laws - What They Say
CuraDebt Debt Settlement Review
How to Write a Re-Aging Debt Letter
How to Appear in Court by Phone
How to Use the Doctrine of Unclean Hands
Debt Consolidation in Eugene, Oregon
Summoned to Court for Medical Bills? What to Do Next
How to Make a Debt Settlement Agreement
Received a 3-Day Eviction Notice? Heres What to Do
How to Answer a Lawsuit for Debt Collection
Tips for Leaving the Country With Unpaid Credit Card Debt
Kansas Statute of Limitations on Debt Collection
How to File in Small Claims Court in Iowa
How to File a Civil Answer in Kings County Supreme Court
Roseland Associates Debt Consolidation Review
Do Debt Collectors Ever Give Up?
Can They Garnish Your Wages for Credit Card Debt?
How Often Do Credit Card Companies Sue for Non-Payment?
How Long Does a Judgement Last?
How Long Before a Creditor Can Garnish Wages?
How to Beat a Bill Collector in Court
Out Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.
"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather