How Long Does it Take to Reverse a Bank Garnishment?
When a person owes money to a creditor and the creditor wins a legal judgment against him, the judge may authorize him to take one of two actions to seize the money by force, if payment from the debtor is not forthcoming. The creditor can either attempt to garnish the debtor's income or he can try to seize his bank account. The time it takes for the debtor to reverse either of these orders will depend on the state in which they are issued, but can range from a few hours to several months.
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Garnishment
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In the case of either an order of garnishment or an order of seizure, a judge will demand that they be served on the debtor's bank or the debtor's employer. Both of these parties are legally required to comply with the judge's orders or face legal penalties. However, the garnishment and seizure can be halted or reversed if the judge orders it. Only if a judge orders it can a garnishment or seizure be suspended.
Appeal
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In most cases, before a person has a seizure or a garnishment placed on his, he will be given a chance to appeal the imposition of the orders. This appeal will take place after the creditor has requested the seizure or the garnishment order, but before it has been served. The length of the time that a person has to file an appeal will vary from several days to several months depending on the state.
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Reversal
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If a seizure or a garnishment order has been placed on a person, then he will often have the chance to reverse it by scheduling a hearing. Whether a garnishment or seizure order can be paused before the hearing will depend on the laws on the state. Some states allow garnishments to be paused during the hearing, while others will only suspend them if the defendant wins the hearing and orders the garnishment reversed.
Considerations
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Most of the laws related to the garnishment of wages are made at the state level. This means that an individual who wishes to know when and how a garnishment order can be reversed must consult with a local expert, such an an employment lawyer or the court in which the garnishment was issued. The time is takes to reverse the order will also depend on the court's schedule, as a hearing may not be scheduled immediately.
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