Can your wages be garnished without giving you a chance to respond in court?

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Can your wages be garnished without giving you a chance to respond in court?

I received a letter from my employee that my wages were to be garnished. Today checked my payroll and $369 has been deducted. The last I heard form this creditor was 4 months ago when I mailed in a response to the courts. I was never notified of another hearing or anything on garnishment. Is this legal?

Asked on March 25, 2012 under Bankruptcy Law, Utah

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, if a judgment debtor's wages are being garnished, written notice is given to the debtor before the employer submits a portion of the wages to the sheriff's department. At this time, the debtor has an opportunity under the law to contest the garnsihment within a certain period of time with a motion filed with the court.

If the debtor fails to oppose the garnishment within the statutory time period, the debtor waives any objections to the process under the law. From what you have written, it seems that you may have waived your right to object to the garnishment. I suggest that you consult with an attorney that practices in the area of consumer debt law.


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