Can I Be Garnished if I Have Been Paying?

One of the most formidable weapons in the creditor's arsenal is wage garnishment. When a creditor garnishes wages, it means that the creditor siphons off a portion of the individual's paycheck or other income source. A creditor can only garnish wages under certain conditions, and only if a judge approves an order of garnishment. If a person has been paying off a debt according to the contract terms, he cannot have his wages garnished.

Debt

When a person takes on a debt, either through a loan or through a good or service extended on credit, he is required to pay it back according to the agreement that he made with his creditor. A creditor must abide by this agreement and cannot initiate legal action against the individual unless he has violated some term of the agreement. In most cases, the person will fall behind on his payment of the debt.

Garnishment

If a person breaches his agreement with a creditor, then the creditor has the right to take the individual to court and seek damages for the money owed. A judge will only approve a garnishment after the creditor has won his lawsuit, damages have been awarded to the creditor, and the debtor continues to fail to pay back this money. At this point, the judge can order a writ of garnishment.

Garnishment Conditions

A judge will only issue an order of garnishment in certain situations. If a person has been paying back a debt according to terms reached with the creditor or if the person has been paying damages awarded to his creditor in a lawsuit according to the terms specified by the judge, then he cannot become the object of a garnishment. However, if he is paying, but not to the terms required, he can be.

Considerations

A person has protection from garnishment in a number of different situations, whether he has been paying or not. Many states forbid private creditors from garnishing wages of individuals who owe them money. In addition, many states also have special legal protections for people who make little income. These laws protect them from having their income garnished or severely limit the amount of money that can be siphoned from them.