how long is the process for garnishing wages?

[GPFAY]

hi i just told a collection agency i couldn't afford to pay them,and he said they would proceed to garnish my wages,do they have to notify you thru the
mail or do they just show up at your door,wondering how process works.

[GoingDown]

hi i just told a collection agency i couldn't afford to pay them,and he said they would proceed to garnish my wages,do they have to notify you thru the
mail or do they just show up at your door,wondering how process works.

First they have to get a judgment against you. If you owe less than $1000 to any one creditor, then it is unlikely that they will sue you. If they already have a judgment against you, then all they have to do is serve your employer and you with the appropriate documents, and they can start taking money directly out of your paycheck, up to 25% of your pay. That amount varies from state to state, and some states have laws which exempt all of your wages from garnishment. And no matter where you live, up to 30 times the minimum wage per week is exempt from garnishment.

Eventhough employers are not supposed to fire you for garnishment, many of them will fire you anyways because it is a lot of paperwork for them to file. They don't like it. Creditors using this tactic obviously care more about shaking you down for the money than about getting a long term flow of money from garnishment. It's a reprehensible tactic that should be illegal, but only a few states, like Texas, prohibit it from happening to their workers.

If you are unemployed or you get paid under the table (illegal but common), there is nothing for them to garnish. If you get paid under the table, whatever you do, don't tell them where you work. In fact, don't tell them that you work at all.

The other thing to worry about is your checking and or savings account as well as any investments such as stocks or bonds, etc. They can seize those after they get a judgment. So, get all of your money out of them and start using cash only.

If you have any major assets like real estate or a car that is completely paid off and is worth thousands of dollars, they will try to put liens on them or even take them from you in some cases. In that case, you had better consult a bankruptcy attorney to protect yourself ASAP.

[no_it_all]

As correctly stated, before they garnish your wages, they need a judgement. Now, what <exactly> does that mean? Well, first they have to serve you notice that they are seeking a judgement. That is usually mailed to you at the address that the creditor has on record for you. If they don't have a current address that is your problem, not theirs. Make sure they know where to mail stuff. It will probably be a certified letter. DO NOT IGNORE IT. If you do, a default judgement will be entered and you WILL be garnished. It is up to you to keep an eye out for any civil activity against you. Make sure you READ everything they send you.

Now, the above is full of gloom and doom..the good news is that they hardly EVER bring a suit!! It is a huge bluff on their part. DO NOT KNUCKLE UNDER !!

Remember! Unless they get a judgement (serve you notice, go to court, etc) they cannot garnish your wages.....Good luck

[GPFAY]

thanks going down,are we talking a week,a month any idea on the time frame?i live in ohio which i know is agarnishment state

[GPFAY]

hey no it all thanks for the post,you sound like a very knowledgable "toad"
lol seriously i appreciate your post ,this whole situation is so very intimidating.

[GoingDown]

It definitely varies from situation to situation. Some creditors are unlikely to sue, and sometimes it depends on the debtor's circumstances. If they think they can get the money out of you, they are more likely to sue you. Some creditors do some research before they file... if they see on your credit report that you are employed at fairly decent job, and that you have a mortgage payment and car payments listed on your credit, then I think it makes you a likely target for them. On the other hand, I've heard that if you have a lot of unpaid medical bills on your credit report or something that indicates you are a college student, then they are less likely to sue you because the chances of collecting what is owed on the debt are much lower because it would appear from your credit report that you don't have much money to repay the debt. I owe huge amounts to credit cards, but haven't been sued yet, probably because there are a lot of unpaid bills on my credit report and no mortgage info, and no employment info on my credit report. I will let everyone know when and if it does happen, and what exactly happens after the lawsuit. I think it will be informative for everyone.

Sorry for the gloomy stuff, but I just want you to be prepared for the worst case scenario, just in case it happens.

[GoingDown]

thanks going down,are we talking a week,a month any idea on the time frame?i live in ohio which i know is agarnishment state

It depends on your situation. Have they sued you yet? If not, then you probably have months or maybe it will never happen.

[alh]

I live in Ohio too. It will take a couple of months anyway. After you receive a certified letter you will have time to respond. The response (dispute) could be something as simple as a date or address that is incorrect and you reply that you dispute the accuracy of paragraph 3 in their complaint (as an example) (make them have to figure out what is inaccurate) That can really drag it out. Then they have to find out where you work. (don't volunteer the information) They may schedule a judgement debtor exam where they can ask you (after they get a judgement)

Anyway the point is, that it is not an overnight process. And if you dispute it (see NOLO book on Money Troubles) It can take a lot longer.

[GPFAY]

haven't been notified of anything yet,just threatened by the scumbag,by the way a huge pay decrease is the main reason all this is happening,gotta keep the kids fed and a roof over our heads,never in a million years did i think i would be in this position....thanks for all the advice

[no_it_all]

I live in Ohio too. It will take a couple of months anyway. After you receive a certified letter you will have time to respond. The response (dispute) could be something as simple as a date or address that is incorrect and you reply that you dispute the accuracy of paragraph 3 in their complaint (as an example) (make them have to figure out what is inaccurate) That can really drag it out. Then they have to find out where you work. (don't volunteer the information) They may schedule a judgement debtor exam where they can ask you (after they get a judgement)

Anyway the point is, that it is not an overnight process. And if you dispute it (see NOLO book on Money Troubles) It can take a lot longer.

Some really good sheet here...I will put it in the memory banks.......

[PhxGuy520]

hi i just told a collection agency i couldn't afford to pay them,and he said they would proceed to garnish my wages,do they have to notify you thru the
mail or do they just show up at your door,wondering how process works.

Since I used to do collections...if you have not been sued that collector just violated the FDCPA. A collector can not threaten to take legal action against you unless that collection agency actually plans on doing it. Only problem you have is proving he said it.

[13inOR]

We were garnished for about $700 for a doctor bill, and it seemed like once the papers were served, the court date it gave was about a month or so out from there, and then it wasnt long at all, maybe 2-3 weeks before the wages
were garnished.

[anonymuse]

Is disposable earings for garnishment calculated like the disposable income for BK?

[Minnymouth]

No,
Garishment is usually a percentage of your paycheck..... depending on your state.... most cannot take over 25% of your paycheck......

And whether they leave you enough to live on - they will tell you "that's your problem"......

[smartgirl]

hi i just told a collection agency i couldn't afford to pay them,and he said they would proceed to garnish my wages,do they have to notify you thru the
mail or do they just show up at your door,wondering how process works.

They contact your employer and he has to take it out of your salary.