What Is a Writ of Garnishment?
When an individual takes on a new debt, his creditor expects him to make each of his payments on time. Should the debtor stop paying his creditor, the creditor has the option to obtain a writ of garnishment to force the individual to pay the debt via a wage garnishment. A creditor can request a wage garnishment regardless of whether the debtor feels he can afford to repay what he owes.
Other People Are Reading
-
Facts
-
A writ of garnishment is a document obtained by court order that allows a creditor to legally garnish an individual's wages or bank accounts. After requesting a writ of garnishment from the court, the creditor hires a servicing company or the sheriff's department to deliver the document to the debtor's employer. The debtor's employer must then withhold a preset amount from the debtor's paycheck each pay period and remit the amount withheld to the creditor.
Significance
-
Before a creditor may request a writ of garnishment, it must have a certified court judgment. Creditors obtain court judgments by suing debtors. A creditor must file suit in the debtor's county and notify the individual of the impending lawsuit--giving him a chance to respond and defend himself. If the creditor wins the case, the judge grants it a judgment. A certified court judgment is necessary to obtain a writ of garnishment for all creditors other than the federal government.
-
Features
-
Before a creditor can successfully execute a writ of garnishment against a debtor, it must know where the individual is employed. Only then can it serve the debtor's employer with a writ of garnishment. If a debtor does not appear in court, respond to written requests from the creditor for information or simply refuses to disclose his employer, the creditor must either do a bit of sleuthing to find out where the individual is employed or forgo garnishing her wages. If the debtor quits her job after having her wages garnished and seeks employment elsewhere, the creditor must obtain a new writ of garnishment before it may legally garnish her wages with her new employer.
Time Frame
-
With the exception of the federal government, all creditors must follow the standard legal procedure of filing a lawsuit before requesting a writ of garnishment. A creditor's ability to file a lawsuit against a debtor, however, depends upon the age of the debt and the laws present in the debtor's state of residence. Each state has a statute of limitations in place to protect consumers from lawsuits over old debts. If the statute of limitations on the individual's debt expires, suing an individual for the debt is illegal. Thus, a creditor may be barred from requesting a writ of garnishment on an old debt.
Considerations
-
Some states only award writs of garnishment to certain creditors or to creditors owed particular debts. Pennsylvania, for example, bars debt collection agencies and original creditors from requesting writs of garnishment against debtors due to unpaid credit card debts, medical debts or unsecured personal loans. Wage garnishment for child support, student loans and alimony, however, is legal in all states.
-
References
- University of Minnesota: Collection of a Judgment Debtor and Creditor in Magistrate Court
- Indiana Legal Services: Garnishment of Wages
- Creditcards.com: Wage Garnishment After Unemployment
- NOLO: Time-Barred Debts--When Collectors Cannot Sue You For Unpaid Debts
- Credit Attorney Greg Artim: PA Garnishment Law FAQs
Resources
- Photo Credit check in macro image by Alexey Klementiev from Fotolia.com
