2007-08-17 12:37:14 · 12 answers · asked by sadiegirl_04 1 in Business & Finance ➔ Credit
It has to be court ordered. They will set a court date, and you will stand before a judge, etc.
2007-08-17 12:40:03 · answer #1 · answered by Mike 6 · 0⤊ 1⤋
The problem with this question is we don't know what state you live in. Every state has different court rules and may have different procedures to notify you.
As an example and guide, let me explain Michigan's rules.
1) You are notified with a summons and complaint to appear in court.
2) If the creditor wins (or you don't show up, which make it a default) the creditor is granted a judgment. The court will mail you a copy of the judgment order.
3) The creditor files a motion to garnish your wages with the court. The court issues an order, and the creditor must a) send you a copy, b) serve a copy of the order on your employer. In most cases your employer will also notify you, but it's not required by law.
4) You have a set time to dispute this garnishment by filing a motion with the court. If you don't do it, garnishment will begin at the end of that time period.
Therefore, you should have been given several notices by the time your money is garnished.
The problem is many collection agencies do not make a "dilligent search" for you, and you are never served with any of these papers. The first time you know anything is when (if) your employer notifies you. If the creditor had your wrong address all court notices are being mailed to your incorrect address. This happens a lot!
2007-08-17 19:55:16 · answer #2 · answered by Anonymous · 3⤊ 0⤋
The law says that a proof of service to appear must be issued to the defendant. That is to say you have to be served by the plaintiff so you can appear in court and make them prove the merits of the case. If they do serve the defendant and the the defendant does not appear the plaintiff will win by default. Of course the defendant does have the right to file an appeal within 30 days of the judgment.
2007-08-17 19:47:36 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If your in Australia and owe any money to the government than they can definitely garnish your money and have 14 days to inform you that they are doing it and why. You do not need to sign anything, they just do it.
2007-08-17 19:43:42 · answer #4 · answered by kev l 5 · 0⤊ 0⤋
I know the government can, if you owe alot in back taxes, they will garnish your check, and all you get is a letter telling you what percentage they will take. It happened to a friend of mine. not a thing she could do about it either.
2007-08-17 19:43:05 · answer #5 · answered by scubababe_sd 2 · 1⤊ 0⤋
a court must issue a garnish order, they do not have to notify you of this order. Your employer must honor that order and deduct the amount specified from your check.
2007-08-17 19:45:53 · answer #6 · answered by Jan Luv 7 · 0⤊ 0⤋
Nope, the employer is served with court documents (which you ask for a copy of) that they are ordered to withhold a certain amount from your check and send it to a creditor or child support, or tax liens. if they don't, it's contempt!
2007-08-17 20:35:06 · answer #7 · answered by Etta P 4 · 0⤊ 0⤋
They go straight to the employer, then the employer tells the employee.
2007-08-17 19:41:18 · answer #8 · answered by cireengineering 6 · 0⤊ 0⤋
depends on where you live i'd imagine I live in Ontario Canada & I know they cannot unless you sign a document stating otherwise & it has to state exact amount(s) to be legal.
2007-08-17 19:40:32 · answer #9 · answered by thathirdrail 2 · 0⤊ 0⤋
NO !!! they have to have a judgement first.Did they sue you did you get served court papers?
2007-08-17 19:45:57 · answer #10 · answered by Crazy cat lady >^ ^< 4 · 1⤊ 0⤋