QUESTION
If I made payments, can they take garnishments without taking me back to court?
Asked on Oct 20th, 2016 on Bankruptcy - Nevada
5 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Unless you have a written contract saying they won't garnish you if you make the payments, the creditor can garnish you at any time once they have a judgment.
Answered on Nov 04th, 2016 at 6:16 PM
You sort of left out part of the story. A creditor can garnish you if and only if they have a court judgment. Unless it is the IRS! If you voluntarily pay on a court judgment without making an agreement, the creditor is allowed to continue to garnish. Which is why you might want to invest in getting legal representation.
Answered on Nov 03rd, 2016 at 6:19 PM
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Yes. Your payments are voluntary.
Answered on Nov 03rd, 2016 at 6:19 PM
1 Award
YES!
Answered on Nov 03rd, 2016 at 6:19 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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More details are needed to give a responsible answer to this question. If you are asking much a garnishment stop if you are making voluntary payments, the answer is that the creditor must take some steps to stop the garnishment-but it will only do so if you enter into an agreement with them (in writing) that you will pay an agreed amount every month. So your first step is to contact the creditor, or its attorney, and make the proposal.
Answered on Nov 03rd, 2016 at 6:19 PM