QUESTION
What is the process to garnish somebody's paycheck?
Asked on Apr 04th, 2013 on Bankruptcy - Delaware
4 ANSWERS
2 Awards
You must sue, get a judgment, then apply for a writ of garnishment which when granted is served by the sheriff.
Answered on Apr 05th, 2013 at 11:51 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It depends on the law of the state where you live and where they live.
Answered on Apr 05th, 2013 at 11:29 AM
It depends on who the creditor is, but most creditors must first obtain a court judgment and apply for a Writ of Garnish from the Court Clerk. The Writ is then delivered to the employer by law enforcement officers. Of course, different rules apply to the IRS, for child support, and for student loans.
Answered on Apr 05th, 2013 at 11:06 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Unless child support or federal or state taxes normally you are sued then if a judgment is granted against you, the creditor would have to file paperwork for the garnishment.
Answered on Apr 05th, 2013 at 10:46 AM