A garnishment is one of the most feared collection actions that a creditor can undertake. A garnishment entails getting permission from a court to take money out of an individual's bank account or siphoning off the money from the individual's employer, out of his paycheck. When a garnishment expires, the judge may renew it if the debt has not been fully repaid, or he may choose not to.
Garnishment
All garnishments can only be implemented with the approval of the judge who's hearing the creditor's case against a debtor. The debtor will be given an opportunity to pay off a debt after he's been hit with a legal judgment. However, if he doesn't, then the creditor can ask permission of the judge to seize the money by force, through garnishment.
Expiration
Garnishments are not indefinite. A typical garnishment will only last for a set period of time, anywhere from a week to a year or more. After the garnishment expires, then the debtor's employer is no longer required to abide by its orders and he can stop setting aside the money that he would normally pay to his employee, the debtor, until the employer receives a new, up-to-date order.
Renewal
Under a garnishment, a creditor is only allowed to take a portion of a debtor's salary. If the salary has been taken for many weeks and the debt has still not been paid off, then the garnishment may expire. At this point, the creditor can ask the judge to renew the order for an extended period of time, a request that the judge has the right to grant or deny.
State Laws
Whether a judge will grant or deny a new garnishment order depends on a number of factors, including the state's garnishment and debt laws. Some states have limits on how many garnishment orders a person can face. In addition, if the debtor tells the judge that he will now pay off the debt on time without garnishment, the judge may not reinstate the garnishment order after expiration.
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