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2020-07-02
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2020-04-22
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Below is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
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Are you supposed to be notified of a garnishment?
You have to be legally notified of the garnishment. You can file a dispute if the notice has inaccurate information, or you believe you don't owe the debt. Some forms of income, such as Social Security and veterans benefits, are exempt from garnishment as income.
Do you have to be notified before wage garnishment?
No lawsuit or court order is required for this type of garnishment. If you are in default, your wages can be garnished. At least 30 days before the garnishment is set to begin, you must be notified in writing of: how much you owe.
Can my wages be garnished without me knowing?
Judgment Creditors Regular creditors cannot garnish your wages without first suing you in court and obtaining a money judgment. That means that if you owe money to a credit card company, doctor, dentist, furniture company, or the like, you don't have to worry about garnishment unless those creditors sue you in court.
How can I stop a wage garnishment immediately?
Respond to the Creditor's Demand Letter. Seek State-Specific Remedies. Get Debt Counseling. Object to the Garnishment. Attend the Objection Hearing (and Negotiate if Necessary) Challenge the Underlying Judgment. Continue Negotiating.
How do you find out if you have a garnishment?
Generally, the clerk of the local county court where the debtor lives and/or works will be able to say if there are any “live” garnishment judgments on file. Some courts maintain an online database of court judgments that anyone can search, as long as the researcher knows the debtor's name and the county.
Does an employer have to notify an employee of a garnishment?
The employer usually has to notify the debtor in writing that wage garnishment is about to start before sending payments directly to the creditor in question. The wage garnishment then typically continues until the debts are paid off. There are a number of protections in place for employees whose wages are garnished.
How long does an employer have to respond to a wage garnishment?
The employer is also required to return a statutory response form within 7 days of receiving the writ of garnishment. This form is usually sent to the employer with the garnishment order. With very few exceptions, the employer is required to complete the form indicating that they will pay the garnishment.
How do I notify employee of garnishment?
Employers are typically notified of a wage garnishment via a court order or IRS levy. They must comply with the garnishment request, and typically start withholding and remitting payment as soon as the order is received.
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