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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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