A creditor cannot garnish anything without first obtaining a judgment in a court of competent jurisdiction. They must then follow the proper procedure. It is not an overnight process or a process that is going to happen without the debtor receiving notice of the proceedings. Even if a creditor does sue, it could be a long process. The debtor has the opportunity to present a defense and in some instances present their own counterclaims against the creditor. A creditor really does not want to sue. It is expensive and very time consuming.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified creditors rights lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact an attorney in your area from our directory to discuss your specific legal situation.
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