Can a collections agency garnish wages?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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