Do I have to be notified if my wages are going to be garnished? 16 Answers as of June 27, 2011

If a company is going to garnish your pay check do they have to inform you first? I have a judgment against me but nothing was said about what will happen except they could garnish my checks.

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Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
The laws on this process vary slightly as to the time frame. However, most states require the creditor to serve your employer with a notice of the garnishment which gives you a small time frame before the garnishment starts. In most cases, it starts the next pay period.
Answer Applies to: California
Replied: 6/27/2011
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
If your wages are garnisheed, you will receive a notice from your employer. This is given to you after a court order has been served on your employer. You usually receive your copy of the notice several days before the actual wage garnishment begins. Bankruptcy stops wage garnishments. If you need a free consultation regarding bankruptcy to see if bankruptcy is right for you, call me.
Answer Applies to: California
Replied: 5/17/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
In WA, you must be served with the garnishment. Certified mailing is sufficient.
Answer Applies to: Washington
Replied: 5/4/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
A judgment creditor simply needs to file a wage garnishment. There is no requirement of prior notice to the judgment debtor.
Answer Applies to: California
Replied: 5/4/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
In California the employer has to give you 10 days notice when a wage garnishment is served on them. I do not know about other states. I am only licensed in California.
Answer Applies to: California
Replied: 5/4/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Usually yes, but it really depends on collections laws of whatever state you live in.
    Answer Applies to: California
    Replied: 5/4/2011
    Law Office of Larry Webb
    Law Office of Larry Webb | Larry Webb
    Yes, your employer will tell you when they start taking the money out of your pay.
    Answer Applies to: California
    Replied: 5/4/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    Usually, you'll be notified of a wage garnishment. They first must learn of your whereabouts and who your employer is.
    Answer Applies to: California
    Replied: 5/4/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    You will get a notice called an Earnings Withholding Order (that's what it is called in California, might be called something different elsewhere).
    Answer Applies to: California
    Replied: 5/4/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    You must be notified if you're to be garnished, but sometimes debtors are garnished without having received much of any notice. Either way, that would be an issue you would need to take up in a state court. The way to cancel the garnishment is to either pay the debt or to file for bankruptcy.
    Answer Applies to: California
    Replied: 5/4/2011
    The Law Offices of Alan M. Laskin
    The Law Offices of Alan M. Laskin | Jared B. Gaynor
    Here's a general timeline of enforcing a judgment. Once a creditor has a judgment, they generally will contact the county Sheriff (at least here in CA), who will serve an order to garnish on your employer. Your employer then informs you of the impending garnishment, and should give you paperwork on the process. The garnishment of checks then generally starts a certain number of days after service on your employer, as mandated by statute.
    Answer Applies to: California
    Replied: 5/4/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    In Virginia the garnishment hits without warning. (They have to tell you, but you get notice about the same time it starts, without any additional chance to object.) Don't know about the law where you are. Talking to the bankruptcy lawyer is usually a good idea if you have a judgment against you.
    Answer Applies to: Virginia
    Replied: 5/3/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Your employer will be served with the garnishment order and you will get a copy of the order and have an opportunity to claim an exemption from garnishment and to have the court determine the amount to be withheld from your wages if 25% of the income is too much for your situation.
    Answer Applies to: California
    Replied: 5/3/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    After a judgment is rendered, the creditor has to motion the court for a garnishment proceeding and the garnishee should get notice of that before hand.
    Answer Applies to: Indiana
    Replied: 5/3/2011
    Law Office of David P. Farrell
    Law Office of David P. Farrell | David Farrell
    You will receive notice that your wages are going to be garnished.
    Answer Applies to: California
    Replied: 5/3/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    In most states, no. You know when the employer is served with the wage garnishment notice/levy/order and the statutory amount of wages are withheld from that point on.
    Answer Applies to: California
    Replied: 5/3/2011
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