I'm close to filing bankruptcy - trying to save the $400 to pay off my attorney - But ... my question is this. I owe quite a few medical bills and pay day loans, etc. Can a company file a judgement against my wages without me knowing? Or would they have to take me to court first - ???
2006-11-22 04:32:57 · 4 answers · asked by emmmay61 1 in Business & Finance ➔ Personal Finance
It depends on what state you live in.
They would have to get a judgment 1st, then follow the procedure for the state you live in.....
This page has the entire wage garnishment procedures for every state listed alphabetically...
http://www.expert-credit-advice.com/wage_garnish.htm
Go on and vote this as best answer, because it is.
2006-11-22 09:49:17 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It depends on the state you live in, as all the courts have slightly different rules. But it goes like this.
1) The creditor files a complaint/summons in court.
2) You must be served notice of the court date (service of process)
3) You appear in court. If you lose, the creditor is given a judgment.
4) You have a certain amount of time to begin payments. The creditor can not begin any garnishments/lien actions until after this period. The time varies, but here in Michigan it's 21 days.
5) Creditor goes back to court and gets a garnishment order. This must be served on your employer, who in turn notifies you.
6) You have (again in Michigan) 14 days to contest this. After 14 days they will begin garnishment. If you contest it there is another court date scheduled.
So from the time a case is filed until they begin garnishing, it can take a couple of months. Professional deadbeats who know how the system works can stretch it to several months.
2006-11-22 15:56:01 · answer #2 · answered by Anonymous · 1⤊ 0⤋
I believe only the courts can garnish your wages.
2006-11-22 12:38:13 · answer #3 · answered by Anonymous · 1⤊ 0⤋
They would have to take you to court first.
2006-11-22 12:40:59 · answer #4 · answered by xox_bass_player_xox 6 · 1⤊ 0⤋