How long does it take to start a wage garnishment? I got a call last week from a creditor threatening to garnish my wages?

Asked about 1 year ago - Mcdonough, GA

A letter came this week stating the debt. I'm not even sure if I'm legally liable.

Attorney answers (4)

  1. Kris K. Skaar

    Contributor Level 15

    2

    Lawyers agree

    Answered . If you are only now starting to get calls and letters, then the earliest a garnishment could legally be filed against you is months away. Often the process from initial letters to garnishment can take years.

    Before you can be garnished, you first must be sued, served and have a chance to defend. If that hasn't happened, then no garnishment is imminent.

    Skaar & Feagle, LLP maintains offices in Marietta (770 427 5600) and Decatur (404 373 1970), Georgia. The... more
  2. Glen Edward Ashman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . There can only be a garnishment once you have lost a court case. If you already did in the past, garnishment could be imminent. Otherwise it could be months away. In some cases the letter may be a violation of law, so have a lawyer look at it. How you respond can affect your liability, or lack of it, and your economic future. That means do not call or write the creditor and see a lawyer immediately.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  3. Ainsworth G. Dudley Jr.

    Contributor Level 12

    1

    Lawyer agrees

    Answered . As the other attorneys have indicated, you cannot be garnished (except in unusual circumstances) until a judgment has been awarded against you. If you feel like a judgment has been awarded against you or you have a valid defense, or you would like to settle and compromise the claim, now is the time to contact an attorney. Don't wait until its too late. Good luck.

  4. Alan James Brinkmeier

    Contributor Level 20

    1

    Lawyer agrees

    Answered . To garnish there must be a legal judgment in court against you.

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