Is it legal for a creditor to garnish a debtor’s accounts without a court order?
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Is it legal for a creditor to garnish a debtor’s accounts without a court order?
Or at the very least a notification of intent? And if the answer is no, what are my options for getting my money back if it was seized unlawfully?
Asked on March 2, 2012 under Bankruptcy Law, Washington
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
Typically a creditor must receive a court order or judgment before a wage garnishment can occur. Often times the person being garnished has been served with the creditors intent to garnish and a notice to appear in court for the hearing. However, because creditor laws vary by state, please discuss this matter with a attorney in your area to determine what rights you have as a debtor in this matter.
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