QUESTION

Is there a way that maybe that I am able to get my money back until they notify me of what they have done?

Asked on Jul 26th, 2017 on Bankruptcy - Illinois
More details to this question:
I am being garnished. My job has not notified me nor the people that are garnishing my check. Is there a proper way to do this or did they do it illegally?
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1 ANSWER

Debt Collection Attorney serving Chicago, IL
2 Awards
If this is a court ordered wage deduction, the judgment creditor is supposed to mail you a copy of the affidavit/ application for a wage deduction order. Ordinary mail is sufficient. Your failure to receive it does not violate anything. If the order is improper for some reason, you need to file a motion to vacate it. There are administrative wage deduction orders for student loans. You are supposed to be sent a notice of a right to a hearing prior to any deduction. If you did not receive one, you may request a hearing in writing. If this is a wage assignment, which is not ordered by a court, you can cancel the assignment and the deduction by written notice to the creditor and your employer. This does not extinguish the debt; for example, they can sue you.
Answered on Oct 05th, 2017 at 5:44 PM

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