How Long Before Collections Start Garnishing Wages?

If you have delinquent bills that are behind on payment, a creditor can seek to have your wages attached until the debt is paid. Since federal law controls the process, there is a strict procedure that must be followed. Some states act more quickly than others in moving a garnishment case through the court system. The debtor should also be aware that some government agencies, like the Internal Revenue Service, can garnish your wages or bank account without a court order.

Collection

A creditor will normally exhaust all other avenues to collect a bill before turning to garnishment. He may pursue months of phone calls and threatening letters before beginning to consider pursuing legal action to force payment. The court process is tedious and often it takes months before the garnishment finally takes effect, therefore it is difficult to say precisely how long before money actually begins being withheld from your paycheck. Ultimately it depends upon how quickly the court acts.

Judgment

To obtain a court order that requires garnishing of your salary, a creditor must first win a judgment against you. Except in the case of a few government agencies, garnishment cannot occur until approved by the court system. It begins with the creditor filing a lawsuit against the debtor in court. At this point in the process the person who owes money is afforded the opportunity to present his side of the argument. After listening to both sides, the judge renders a decision in the form of a court order.

Court Order

The time span between the day the order is signed by the judge and received in the mail by the employer, called the garnishee, might be days or it might be a few weeks. Remember that your employer has no choice in the matter. If he receives a court order to garnish your wages, he must comply or risk legal action against himself.

Rights

While having your wages garnished can be a frustrating and embarrassing experience, keep in mind that you do have rights. Primary among these rights is that no more than a certain amount can be withheld from any one paycheck. Generally, for third-party commercial debt, no more than 25 percent of your check will be taken for debt satisfaction. In some instances, usually regarding child support, a judge may order a larger amount. You should also know that you cannot be fired in retaliation over a single debt that is garnished. However, the employer can let you go if a second garnishment occurs.