How Creditors Can Garnish Your Money


If a creditor has filed a lawsuit against you and gone to court, the court may decide in the creditor's favor -- and you'll have a court judgment with your name on it. This amount could include the amount you owe, as well as attorneys' fees, court costs, and anything else that appears in the agreement you signed with the creditor.

If you fail to pay the judgment issued by the court, the creditor can take action to collect the amount you owe, as follows:

Wage Deduction Proceeding

... also known as a wage garnishment. This is when the creditor tries to get your employer to take part of your wages and send that amount to the creditor to apply against the judgment you owe.

This procedure begins when a creditor files a "Wage Deduction Affidavit" with the court clerk. In this affidavit, the creditor states that your employer pays you wages. Also, the creditor must certify that he mailed a "wage deduction notice" to your last known address before filing the affidavit with the court. The affidavit must include the address to which he sent the notice.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Fonfrias Law Group LLC. | Attorney Advertising

Written by:


Fonfrias Law Group LLC. on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.