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For a persons wages or bank account to be garnished the garnisher must have been awarded a judgment in connection with a lawsuit against the debtor. The exceptions are a garnishment for court ordered child support or spousal maintenance (alimony).

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โˆ™ 2006-03-03 03:46:15
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Q: Can a garnishment be done without a judge?
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Related questions

Can a collection agency put a garnishment on a bank account without an order from a Judge first?

No they can't, they must have a court order from a judge first.

Can they Garnish a check without a judgment?

No, a check can't be garnished without a garnishment. Only a judge can give permission for a persons check to be garnished.

What is a traverse of garnishment?

A traverse is a form of dispute against a garnishment. The traverse is filed in the local court, requesting a judge to review the garnishment in question for dismissal.

Is income from a garnishment taxable?

Income from a garnishment is just as taxable as the same income would be if the person had paid the bill in the first place without the need for garnishment.

How do you dispute garnishment in Michigan?

Unless you voluntarily agreed to a garnishment clause in whatever payment contract you signed, garnishment can only be done by means of court action (unless we're talking about the IRS here). In the case of court ordered garnishment you can file an appeal to the garnishment order with the court which issued it.

Can an atty file child support garnisment even after court rejected such garnishment?

If the court denied the motion for garnishment 'with prejudice,' it cannot be refiled. If the court denied the motion for garnishment 'without prejudice,' it can be refiled.

What to do if another creditor issues a wage garnishment but one already exists?

In the state of Indiana, only one garnishment can be active at any given time. The other garnishment has to wait until the first one is done. This not include child support. You can have a child support and one garnishment at the same time.

Can a payday lender garnish your wages in Texas for not paying the payday loan?

No Lenders must utilize due process to have a judge order a garnishment first per the FTC. The payday lenders cannot just send a garnishment order to your hr dept without a court order first. Read more in the related links below.

What is the maximum wage garnishment in the State of Alabama and would is a garnishment dischargeable in bankruptcy?

The state uses federal garnishment guidelines which would be a maximum of 25% of disposable income with the first $154.50 of weekly salary exempt from garnishment. The 25% only applies to creditor garnishment, it does not apply to court ordered child support, tax arrearages, and in some cases spousal maintenance or personal injury awards. Garnishment for those issues can be as much as 50% depending upon the circumstances and the decision of the judge. Wage garnishment for creditor debt can be eliminated in bankruptcy. Garnishment for the other issues cited such as child support cannot.

In Texas what percentage of income can a second garnishment take if the debtor already has an active garnishment for student loans?

If it pertains to a creditor, then the garnishment writ cannot be executed until the current garnishment has been satisfied, and only if the judgment creditor has no other means of collecting monies owed (bank account levy, real property lien, etc.) If it is a garnishment for child support that is not considered a "true garnishment" and it takes priority NS the percentage is determined by the presiding judge according to established guidelines (maximum 50% disposable income).

Do they garnish your check after a reposession?

They will only if the remaining balance after the repossession and auction goes to litigation and the judge orders the garnishment of wages.

What does it mean to garnish your wages?

A persons wages are garnished when they owe a debt. The debt collector had to go to court and a judge had to issue a garnishment.

What paperwork is needed for garnishment of wages of child support?

An order for withholding signed by either a judge or the State's child support agency.

Can wages be garnished for unpaid car loan in Texas?

Only if you've been taken to court and the garnishment of wages was ordered by a judge.

How do you stop paycheck garnishment?

There are three ways. 1 - Pay your debt in full. 2 - Quit your job, or get fired. 3 - Seek an injunction against the garnishment. The garnishment would probably not have been issued in the first place though, without good reason.

Can a heat and air contractor force you to sell your home to collect from you?

No, you can be sued for unpaid debts, but no judge is going to order you to sell your house in order to pay them. At most, a judge might order a garnishment of your paychecks.

How do you get the sheriff to lower your garnishment if it does not leave you enough money to live on.?

The sheriff is not the person that the debtor needs to contact. The debtor must send their response to the court that issued the garnishment order. In many cases the judge will amend a garnishment amount if the debtor qualifies as "head of household" and can prove the original percentage constitutes a hardship to the family. Bear in mind that under federal law the first $154.50 (based on weekly pay) is exempt from garnishment.

how do I garnishment someone's paycheck after the judge granted me the judgement and they still won't pay?

file a motion to garnish wages, you can receive up to 25%

Will a wage garnishment show up on your credit report?

The garnishment wount. But what led upto the garnishment may.

If you can't afford a 25 percent garnishment from your wages can a judge take less out if he wants to and should you find a lawyer?

if its child support your probably screwed.

My name is not on a child's birth certificate If I am unaware of a court date and miss court can the judge rule garnishment of my wages in Alabama?

If they determine that you are the father, yes they can.

Can a lawyer issue a garnishment to your employer without you being notified and in Mississippi can they garnish you twice for the same debt?

The garnishee is not notified by the judgment creditor or the court, but the wage garnishment will not begin until 30 days after the writ has been served on the employer; therefore the employer usually notifies the employee that garnishment action is pending. A wage garnishment will remain valid until the total judgment amount is paid in full. Wage deduction for child support is not considered garnishment, thereby allowing a support deduction and a creditor garnishment to be concurrently executed.

Can a court act as a collection agency for a third party?

Courts do not collect debt owed when it pertains to a civil judgment. In civil cases the judge orders a judgment to be entered against the debtor, the judgment creditor uses the judgment in whatever manner is allowed by law to collect the debt. Example, the creditor receives a judgment in a civil suit, then files the judgment as a wage garnishment against the debtor, the judge signs the garnishment order and the sheriff or other officer of the court serves the garnishment order on the employer of the debtor.

What will the judge do if I didn't pay all my restitution?

The judge could order garnishment of your wages in the form of weekly mandatory deductions - you get what is left over. The judge could place a lien on personal property you own - when you sell that item, any proceeds gained can be used to satisfy the debt. The judge could order a warrant for your arrest.

How do I find out if my wage garnishment has been satisified?

I think you may get the information about how wage garnishment has been satisfied from and