Is there a way that maybe that I am able to get my money back until they notify me of what they have done? 1 Answers as of October 05, 2017

I am being garnished. My job has not notified me nor the people that are garnishing my check. Is there a proper way to do this or did they do it illegally?

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Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
If this is a court ordered wage deduction, the judgment creditor is supposed to mail you a copy of the affidavit/ application for a wage deduction order. Ordinary mail is sufficient. Your failure to receive it does not violate anything. If the order is improper for some reason, you need to file a motion to vacate it. There are administrative wage deduction orders for student loans. You are supposed to be sent a notice of a right to a hearing prior to any deduction. If you did not receive one, you may request a hearing in writing. If this is a wage assignment, which is not ordered by a court, you can cancel the assignment and the deduction by written notice to the creditor and your employer. This does not extinguish the debt; for example, they can sue you.
Answer Applies to: Illinois
Replied: 10/5/2017
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