Can a collections agency garnish wages?

UPDATED: Jul 28, 2011

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Can a collections agency garnish wages?

It is a credit card collections and no judge or clerk signed the papers we recieved. How can you stop it?

Asked on July 28, 2011 Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A colection agency can legally garnish wages of a person if: 1. there is a valid judgment entered, 2. the collection company owns the judgment or has been assigned the rights to collect under it, 3. proper paperwork has been submitted to the court clerk for issuance of a levy and wage garnishment where the sheriff serves the wage garnrshment upon the employer.

You can try and stop the wage garnishment by filing a claim of exemption and serving it on the other side within a stated time period.

Failure to do so will result in a certain percentage of your paycheck being paid over by your employer to the sheriff to satisfy the debt owed to the judgment creditor.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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