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  • What Is A Garnishment?

    Written on January 30, 2015

    For many people, debt is an unfortunate reality of life. Mortgage payments, car payments, credit card bills, and student loan obligations can all add up to huge payments each month. For some, these debts can be overwhelming. At times, if you are in this type of situation, you may have to choose which bills to pay and which ones not to pay if the money just isn’t there.
    If you fall behind on bills, you may receive “final notice” correspondences in the mail or even have debt collectors call you. These types of notices and calls are generally the final step before those seeking the money turn to the courts for help. That “help” comes in the form of a lawsuit filed against you and could lead to a garnishment.

    A garnishment is a court order that requires your employer to withhold a certain amount of money from your paycheck. Once the order is served on your employer, the payroll department has no choice but to comply and withhold the money you are expecting to be on your check.

    If you have a garnishment against you, or fear such a ruling may be imminent, the attorneys at The Silverbach Group may be able to help you. If you have been served with a lawsuit from a creditor, don’t ignore it with the hope it will just go away. It won’t. Contact one of our experienced attorneys to deal with the issue before it gets to the garnishment stage.

    There are certain guidelines that must be followed as it pertains to garnishments. If you are worried that losing any money out of your check will have a drastic impact on your ability to provide basic necessities, we may be able to help you.

    There are instances when a court judgment isn’t required for a garnishment.

    Those include:
    • Delinquent income taxes
    • Court ordered child support
    • Defaulted student loans

    A typical garnishment judgment can be for as much as 25% of your total net paycheck. Losing a quarter of your check is a significant amount of money. If you have been served with papers from a creditor, you have 30 days to respond to the judgment. If you don’t do anything, the judgment will automatically go against you. That’s why having an experienced attorney on your side is crucial. You can reach The Silverbach Group at (770) 635-0334. We are always available for consultation and assistance.