Motion to Stay Judgment - Garnishments

Is a Debt collector garnishing your wages via your employer or your bank accounts? Then this template is for you.

Please make sure to READ YOUR CONTRACTS! Majority of contracts you have signed had an arbitration provision, which basically states that in the event either you, or the company, are dissatisfied, you BOTH agree to handle matters via Arbitration where a mediator will make the final decision versus a judge in a courtroom. Either party cannot file a lawsuit without prior initiation of Arbitration, due to this clause. This includes assignees of the alleged debt. When you have a Collection or Charge off, this means that the original creditor sold your account (debt) to a third party debt collection company, the assignee. The company then comes after you to attempt to collect the alleged debt. More often than not, they will attempt to sue you, or garnish your wages via your bank accounts or your employer, to enforce payment of the debt. This is illegal. They are violating the clause that is in your original contract, therefore you can ask the judge to compel arbitration and dismiss the case.

If your wages are not being garnished yet and you just received a summons, please see our “Motion to Compel Arbitration" Letter, it will serve as your response to the summons