I am in fear that my wages will be garnished. Not sure is this is a legal issue or not but do I need a
Lawyer to dispute and also how long does it usually take to seey wages garnished?
It sounds like you are being sued for a debt due and owing. Is that accurate?
It is difficult to assess your questions in a vacuum. I can try by saying that if the creditor knows where you work, then they could garnish you as quickly as the same week that they obtain a final judgment against you. Many times it takes a few weeks after judgment is entered, however, before a creditor will get a garnishment out the door.
Given that you took the time to post this worries, I think it is worth your time to seek a consultation with a local bankruptcy/debtor attorney. An hour spent reviewing your situation will give you peace of mind and more confidence in how you are approaching your debt.
Our office gives free one hour consultations, as do most all bankruptcy attorneys in Portland.
Best of luck,
Your wages can only be garnished if there is a legal judgment against you.
Once a judgment is entered against you in circuit court, a creditor can issue a writ of garnishment to your employer, as well as to any bank that holds your money. They're required to notify you of the garnishment, and to leave certain amounts, set by statute:
(a) $218 for any period of one week or less;
(b) $435 for any two-week period;
(c) $468 for any half-month period;
(d) $936 for any one-month period;
&c. So you can't be left with less than this.
I don't know where you may be in the judgment process, so I can't say how long it will take.
If you have a judgment against you, you can prevent garnishment by either: 1) paying the judgment off (this could include negotiating a repayment plan or a partial repayment - sometimes creditors will do this, since a dollar now is more valuable than the promise of $1.50 two years from now); or 2) discharging the debt in bankruptcy. When you file for bankruptcy, an automatic stay goes into effect, preventing any garnishment immediately. You should talk to a lawyer if you're faced with a legal judgment.
Nothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: [email protected] | Online: www.northwestlawoffice.com
Assuming the underlying debt is something other than federal student loans or income taxes, wage garnishments can be started right after a judgment is obtained. Typically it takes a creditor a few weeks to get around to it, maybe more if they need to haul you into court for a debtor's exam because they don't know where you work.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline