Can I have my wages garnished without having been served a writ of garnishment?

UPDATED: Apr 8, 2013

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Can I have my wages garnished without having been served a writ of garnishment?

Are they not suppossed to allow me 20 days to respond? This case happened back 6 years ago (credit card bill) $1343 which has now turned into $2224 and I was only told last week that staring this week my wages will be grnished? This does not sound right.

Asked on April 8, 2013 under Bankruptcy Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Ordinarily the judgment debtor does not get served with a writ of execution or garnishment before wages are garnished. Only the employer does. The debtor gets notice after the fact and based upon such notice, the employee then has an opportunity to object to the wage garnishment. based upon what you have written, I suggest that you consult with an attorney or your local legal aid clinic for help.

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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