Is it possible to garnish someones paycheck without written notification

Asked 8 months ago - Clearwater, FL

medical bills from mother passing in nursing home

Attorney answers (5)

  1. Russell Warren Lewis IV

    Pro

    Contributor Level 11

    5

    Lawyers agree

    Answered . 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... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

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

  3. Clifford M. Miller

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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... more
  4. Todd Marc Liebesfeld

    Contributor Level 8

    2

    Lawyers agree

    Answered . 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.

  5. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,902 answers this week

2,755 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,902 answers this week

2,755 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary