As long as I am making a payments ona past due debt, can my wages be garnished?
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As long as I am making a payments ona past due debt, can my wages be garnished?
I have a debt for a doctor’s bill that they expect $35 every paycheck. I am unable to pay the full $35 every time. I have been informed that as long as I am at least making a payment, they cannot garnish my wages. Is this true?
Asked on August 2, 2011 Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, you have been misinformed. A debtor has NO right to determine how much or when he or she will pay a creditor. Once you have defaulted on a debt--not paid according to the terms under which it was incurred, or according to any agreement made with the creditor--the creditor has the right to sue you for the money. If they sue and win--which is very likely, if it's a valid debt--they can then use various means to collect if you don't pay, such as garnishing your wages. The fact that you are volunatarily paying something has no effect on their right to sue and potentially garnish, unless they actually agree to the payment schedule you propose.
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