A person who owes a debt to another party may face a civil suit filed by the creditor in an effort to incur payment. The debtor may face a garnishment of his wages to ensure the creditor is repaid. However, the creditor must first secure a civil judgment against the debtor. This may be difficult if the debt is not secured in a legal agreement.
Debt Contract
When a person takes out a debt, it is often written down in the form of a contract. This contract will lay out both the amount that the person owes and the terms under which the debtor must make payment on it. This contract serves two purposes: to make the terms of the deal clear to both parties and to provide a legal record of the loan contract.
Civil Judgments
When a creditor sues seeking a civil judgment, he will be required to present evidence of a debt. If the creditor is unable to present evidence, then the civil judgment will likely not be issued. In some cases, the creditor may attempt to present bank records that show the transfer of funds. However, although difficult to prove, oral agreements are legally binding and can lead to the issuance of a civil judgment.
Garnishment
If a civil judgment is granted, only then can the creditor pursue garnishment. This will be done by asking the judge to grant an order of garnishment, which the creditor can use to present to the debtor's employer. If the creditor is not granted this judgment, he cannot garnish the person's wages. There are a number of legal reasons that a judge may not grant a garnishment, such as the debtor being poor.
Extrajudicial Garnishment
Although a debt contract may not be written down, garnishment orders must be. A creditor cannot attempt to garnish wages without the explicit permission of the judge. An extrajudicial garnishment should not be honored by an employer, as it is illegal. If a creditor attempts to serve a garnishment order without the agreement of a judge, he can face civil penalties for illegal debt collection.
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