Can a law firm working for a credit company garnish my wages if I recieved no notice paperwork?
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Can a law firm working for a credit company garnish my wages if I recieved no notice paperwork?
I am in a debt consolidation program and this credit card is among them. I received no paperwork I want to know if there is anyway for them to stop garnishing my wages? I would have worked out a payment plan with the credit card company if I would have known about it.
Asked on July 26, 2011 Minnesota
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Do you have knowledge of a judgment against you by the credit card company? If so, you have knowledge that in all likelihood the judgment creditor would be seeking satisfaction for the obligation owed.
As to notice of a levy and wage garnishment proceedings, the judgment creditor and its attorney are not required to give you, the judgment debtor prior notice of the proceeding under most state statutes. The rationale is that the debtor if given prior notice of the proceeding may try and move assets such as bank accounts from one bank to another.
There are three ways to stop your wage garnishment: 1. file and serve a claim of exemption if applicable, 2. pay the entire debt off, 3. work out a written payment installment plan with the judgment creditor in exchange for the stop of the wage garnishment.
Good luck.
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