Can I get my wages garnished without notice?

by Alghaffar
(California)

I am very curious to find out if it is legal or what are my rights when it comes to wage garnishment. I have been getting my checks garnished for the past few paychecks without notification for the collector. I also never received any information from HR about the garishment until I got my check and the money was already gone. I would seriously like to know why did I not get a notice and is this illegal? I also still have no idea who this company is and how much I even owe them or when or if my debt was paid off. I really need help so that so that I can hurry up and do what I need to do to fix this. Thank you

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Jan 07, 2012
Can I get my wages garnished without notice?
by: debtcollectionanswers.com

Ordinarily, before your wages can be garnished, the creditor to whom you owe money must sue you and win a judgment against you. If the creditor gets the judgment, it can ask the court for the right to take a portion of your wages as a mean of collecting on the judgment. Note: Your wages can be garnished without your being sued if owe back taxes or have fallen behind on a federally-guaranteed student loan!

When you are sued, you must be legally notified of the lawsuit so that you can respond to it and show up in court to defend yourself. If you do not appear in court for the court hearing the judge will probably issue a default judgment against you. If that happens, you may receive little or no advance notice that your wages are about to be garnished.

If you are not sure who has a judgment against you, talk to the HR department at your company. It may be able to provide you with that information. Another option is to ask it if it can tell you what court is involved in the garnishment and contact the clerk for that court.

If you were not legally notified about the lawsuit that resulted in the wage garnishment, you have grounds for stopping the garnishment. However, once the first garnishment is halted, the creditor may sue you again making sure that you are formally notified of the lawsuit this next time and then get permission to garnish. If you were not formally notifed about the lawsuit, contact a consumer law attorney right away, consumer law attorney .

You may also be able to stop the garnishment by contacting the creditor that won the judgment to see if you can pay the amount of the judgment over time directly to the creditor. If the creditor agrees, you will probably have to pay a lump sum amount and then regular monthly payments. Don't pay anything however until you have the terms of your agreement in writing.

Another way to stop garnishment is to file for bankruptcy. You will need a bankruptcy attorney to file for you, a free initial evaluation with a bankruptcy attorney.


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