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

Mcdonough, GA |
Filed under: Wage garnishment

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

Attorney Answers 4

Posted

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

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Posted

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 information ("the answer") provided above is for general information and educational purposes only. The answer should not be taken as legal advice for any individual case or situation. Posting the question and reviewing the answer does not constitute an attorney-client relationship. My firm will ask you to sign a written contract prior to the commencement of representation in any attorney-client relationship. Please contact 770 427 5600 or 404 373 1970, if you wish to discuss your situation further. Skaar & Feagle, LLP accepts select consumer rights cases. These cases include, but are not limited to, cases of abusive and unlawful collection activity, debt defense, credit reporting of false or obsolete (old) information, high interest lenders (title pawns, payday loans), debt management plans, and fraud or unfair practices in the sale and financing of automobiles.

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Posted

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 communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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Posted

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.

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