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Is it possible to garnish someones paycheck without written notification

Clearwater, FL |

medical bills from mother passing in nursing home

Attorney Answers 5

Posted

The first issue, in my opinion, is to determine the basis for someone's check to be garnished. Did that person have an obligation to satisfy a debt?

Attorney Lewis represents clients nationally and is licensed in Florida, Illinois, Kentucky, Ohio, Pennsylvania and Tennessee. THIS ANSWER IS PROVIDED AS A PUBLIC SERVICE FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS LEGAL ADVICE. PROVIDING THIS INFORMATION DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP NOR IS ANY INFORMATION SHARED CONSIDERED PRIVILEGED OR CONFIDENTIAL. AS WITH ALL LEGAL MATTERS, YOU SHOULD CONTACT AN EXPERIENCED ATTORNEY WHO IS LICENSED IN THE APPROPRIATE JURISDICTION AND BE AWARE THAT THERE ARE TIME LIMITS AND PROCEDURAL REQUIREMENTS FOR ASSERTING POTENTIAL CLAIMS.

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5 lawyers agree

Posted

More info is needed. Have a local debt collection lawyer in your state look into it

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5 lawyers agree

Posted

No. First, one needs a judgment. That requires one to be sued. That requires notice. Then one would have to lose the case and have a judgment entered against one. Then, the paycheck has to be able to be garnished, which is doubtful.

But, why would you be liable for your mother's medical bills?

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us

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3 lawyers agree

Posted

No. Garnishment is the result of a process, not the start of it. There has to be some judgment pursuant to something before this issue could even arise. Then a "writ of garnishment" would have to be sought and issued. There are a lot of steps to get to that.

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2 lawyers agree

Posted

Garnishment can only legally occur after a judgment has been obtained against the debtor. That means the debtor needs to be sued in the appropriate court and a judgment order issued against the defendant debtor and served upon the debtor.

What is the legal basis for being responsible for medical bills of deceased mother in nursing home?

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

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