Garnishment Question

[Cramdown]

What is the first step for creditor to take? Do they send out a letter (formal letter), not the normal "scare the hell out of ya" letter or do I just sit back and wait for my HR Manager to call me in the office and tell me that my wages are being garnished? Will I know in advance or will it hit me between the eyes?

Thanks===CD

[treehugger1]

In general, the creditor/CA must first get a judgment against you. Once the judgment is signed by the court, then a writ will be issued and your employer served with the writ. In my state, the employee (you) will receive a notice of the writ but it could be after the garnishment has occurred. I think the employee must also be notified within a 10 - 20 day window of the writ being served.

I've read of a few cases where folks have wages and bank accounts garnished and claim there was never any summons or judgment. I doubt this is the norm.

I'm choosing to live every month as if a wage garnishment will occur.

I've also been upfront about my ability to pay creditors. I don't deny I owe them money. They mention they have the right to legal action and potentially wage garnishment, and I graciously respond, "I understand." I'm only being factual when I tell them that they can talk with me all they want, but there is no money this month. Once they understand that there is little I can do and I'm not "afraid" of a garnishment, they usually settle down and politely hang up.

I worked up the courage a few months ago and spoke with my HR/Payroll officers about the potential for garnishment and perhaps someone attempting to pull a "fast one." I am fortunate to work for a government agency and they have strict guidelines for garnishing an employee's pay.

If you can, and you suspect a judgment and garnishment, call the creditor or CA and speak with them. If a garnishment is possible, you have noting to lose by spekaing with folks you owe money to.

Again, my comments are opinions. Every state and every individual has their own rules.

[emoney]

Have they filed a lawsuit? When that occurs you should file a general denial, which will delay the time before judgment. Ask for proof of the debt. Many creditors cannot prove-up the debt legally.
So the lawsuit will be dismissed.

As for your job some companies will terminate an employee if the have a judgment.

Remember most companies do not want to sue, but may if they thing you have anything that they can sieze.

Have you furnished a budget to your creditor? If they see you cannot pay they will drop back for a few months.

Remember this is a business decision now. If they think you have any money or assets they will come after you, but if you are broke they will go after other more profitalbe debetors.
regards,
emoney