How soon after receiving an earnings garnishment notice are employers allow to begin garnishment?

UPDATED: Feb 15, 2012

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How soon after receiving an earnings garnishment notice are employers allow to begin garnishment?

An earnings garnishment has been awarded against me. The notice was filed on the 6th of this month. I received my copy via mail on the 13th. My check for the pay period beginning on the 4th and ending on the has already been garnished. I filed my debtor’s answer on the 15th. Was my employer allowed to garnish my check so soon? I thought the garnishment begins in the pay period following the employer’s receipt of the garnishment notice. I know state law mandates that the employer must wait at least 5 days after the pay date to allow an employee to submit their answer.

Asked on February 15, 2012 under Bankruptcy Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The wage garnishment that you are writing about begins as soon as the notice of levy is served upon your employer. What happens is that your employer pays your money to the sheriff's office that did the levy. Before distribution of the money to the judgment creditor, if you timely file a motion objecting to the levy, the sheriff will continue to hold all monies sent it.

If the court denies your motion regarding the exemption, then the money goes to the judgment creditor. If the court grants your claim of exemption, then you get the return of the wages garnished.

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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