Can A Wage Garnishment Move Forward Without Written Notice From The Business Requesting The Garnishment?
Can a wage garnishment move forward without prior written notice?
Answers
A wage garnishment can only take place if there is a judgment that has been granted (unless it's child support). The garnishment is filed with the court and then sent to your employer. Your employer is then to give you, the court, and the plaintiff a written disclosure within so many days stating that they either are or are not obligated to you in the form of wages. The disclosure also usually asks how frequently you are paid. All states differ in legal capacities, but in Michigan, you have the right to file an "Objection" to the garnishment at which point you would then go before the judge/magistrate at a hearing and explain your side. In Michigan, funds are to be held for 28 days before being released to the plaintiff. A wage garnishment usually expires after so many days. Again, in Michigan, they expire after 91 days, but the plaintiff can then file a new one.
answered 3 months ago
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