Can Creditors Threaten To Garnish Wages?

A creditor cannot garnish anything without first obtaining a judgment in a court of competent jurisdiction. They must then follow the proper procedure. It is not an overnight process or a process that is going to happen without the debtor receiving notice of the proceedings. Even if a creditor does sue, it could be a long process. The debtor has the opportunity to present a defense and in some instances present their own counterclaims against the creditor. A creditor really does not want to sue. It is expensive and very time consuming.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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