Does a creditor have to take me to court to garnish my wages?
2006-11-02 02:33:23 · 6 answers · asked by emmmay61 1 in Business & Finance ➔ Credit
Depending on the creditor, yes, most of them will have to take you to court. This is a very helpful site with the answer to your question. http://smallbusiness.findlaw.com/bankruptcy/nolo/faq/70379CDC-2061-4118-AD92D36EF4ED6B07.html
Also this site has some helpful advice on how to reduce the amount they can garnish, if they indeed get an order allowing it.
http://www.legalassist.org/brochures/garnish_my_wages.html
Hope this helps.
2006-11-02 02:49:08 · answer #1 · answered by trytohelp 2 · 0⤊ 0⤋
Yes. The creditor must first win a judgment against you. Once the creditor has the judgment and you still don't pay, they can petition the court for wage garnishment.
2006-11-02 02:38:43 · answer #2 · answered by Celeste 6 · 1⤊ 0⤋
I believe the creditor needs to obtain a monetary judgement and an order for wage garnishment.
2006-11-02 02:35:36 · answer #3 · answered by bigpuppax 2 · 0⤊ 0⤋
Depends on your state laws. In Texas, wages can't be garnished by unsecured creditors, even if they obtain a judgement against you. Only wage garnishment in Tx is for child support, taxes, and student loans.
2006-11-02 02:43:02 · answer #4 · answered by Star G 4 · 0⤊ 0⤋
you do no longer provide info so i can't provide plenty suggestion different then very known. Assuming which you have already long gone to courtroom and did no longer stick to the judges order to pay....the creditor had no determination yet document a writ and circulate after your wages. it relatively is been my journey from people i've got counsoled which you're unlikely to barter from now on with the creditor. After significant time and rate they had to take your case to the very end. they're now absolute to get your money (as long as you nonetheless artwork there). it could take a mutually as, yet they gets it. it relatively is in all probability unlikely you would be waiting to pay the full debt off, and the creditor will no longer settle for a cost plan from you (he has one now, undergo in concepts? called garnishment). If he's of an identical opinion to a cost plan and you default, as quickly as lower back he's lower back in courtroom spending time and funds. i do no longer think of he will cooperate. i'm stunned the two previous series brokers slid over those observations. base line is, you're screwed, they have been given you. Now, if we are speaking with regard to the "probability" of a garnishment, start up negoatiating with them. At what area of courtroom action are you at now? Has it long gone to trial? Has a judgement been ordered? sturdy success
2016-11-26 23:34:16 · answer #5 · answered by ? 4 · 0⤊ 0⤋
All the creditor has to do is file it in Cort & if he wins you have to pay his expences plus the bill you owe.Then if you don't pay he can asy the cort to have your wages garnished.
2006-11-02 02:48:12 · answer #6 · answered by Ellen 3 · 0⤊ 0⤋