Can a debt collector garnish wages if they did not give you 30 days notice?

Question

Leonard Schwartz · Answer

Yes. There is a notice required which gives you 10 days to contest it in court but if you owe the money the creditor can attach your wages.

Shilo Naomi Borja · Answer

Nobody can garnish your wages without first obtaining a judgment against you. In order to obtain a judgment, you will have to be served with notice of the lawsuit, and you have time to answer the suit and defend. The only one exception that I know of is for delinquent or unpaid child support.

Austin Hirschhorn · Answer

If a judgment was entered against you and more than 21 days has gone by the creditor can file wage garnishments against you. There is no requirement in Michigan law that a creditor give you notice of any action they intend to take to enforce a judgment.

Jeffrey Dworin · Answer

Yes, if they have a judgment that is more than 21 days old.  If you want to stop a garnishment, file a motion for installment payments.  The forms and instructions are available on the Michigan courts web  site.

Dennis P. Mikko · Answer

A garishment is a legal document issued by the Court after a judgment has entered.  A debt collector cannot on their own garnish wages.

Edward Olson · Answer

There is no prior notice to a garnishment.

Roberta Ohlinger-Johnson · Answer

I'm not sure what 30 days notice has to do with it.  To be garnished, you've been sued.  So they've gotten a judgment.  Now they can garnish.  Nevada only requires 10 days after notice of entry of judgment before they can garnish.

James Weiner · Answer

Yes can as long as the judgment is over 30 days old.

Timothy Byrne · Answer

If they have a garnishment order, they can.

Diane Drain · Answer

Normally, the creditor needs to sue you first.  Once the court enters a judgment, then the creditor can garnish your bank account or wages.

James Dunn · Answer

If they have a judgment, they don't have to give you any notice. Why would they give notice? So you can drain your bank acct and change employment?

John Brennan · Answer

Yes. No prior notice is necessary prior to the garnishment.

Gary Russell · Answer

Thirty day notice of what?  Once a judgment is issued, after the time to file an appeal has passed (21 days), the party with the money judgment can proceed with all remedies available at law to collect the debt.  A periodic garnishment (garnishment of wages) can be obtained from the court after the initial 21 days and sent to your employer.  There is no notice requirement, other then the employer (garnishee defendant) is to forward a copy of the writ of garnishment to you.  If the employer has wages owed to you to be garnished, they must be paid once 28 days have passed.  During that time period you have various rights.  You should consult with an attorney about those rights and possible defenses against the garnishment.

Galen Hair · Answer

The answer depends on the circumstances. If they have a valid judgment against you, they are likely in the right. You need to hire a consumer attorney as soon as possible.

Alan Smith · Answer

A collector is supposed to send you a summons with the writ, and you have 20 days to answer.

Bernard Jones · Answer

A garnishment indicates a lawsuit was filed. Did the debtor get notice of the lawsuit? If the debtor / defendant was not properly served with process in the lawsuit, the judgment which is the basis for the garnishment can be set aside.

Stuart Nachbar · Answer

The question begs to know if you were sued, and a judgment entered?  They can not go straight to garnishment.  For a garnishment, you would have been sued and an order entered in the Court for a Wage Execution.  This would have been on Notice to you.

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Can a debt collector garnish wages if they did not give you 30 days notice?

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