Can A Creditor Garnish My Wages?

Can A Creditor Garnish My Wages?

The answer to the question “can a creditor garnish my wages?” depends on which state you live in. Certain states allow creditors to garnish an employees wages and some do not.

In most states before a creditor can garnish your wages, the creditor must first file a lawsuit against you and prove in court that you owe the creditor money.  One can only imagine how chaotic things would be if any creditor could simply garnish a person’s wages without first establishing the validity and the amount of the debt in court.

Once a creditor files a lawsuit against you and wins (obtains a judgment)  the creditor can utilize a writ of execution to satisfy the judgment. The creditor could levy your bank accounts, place a lien against assets that you own, and also garnish your wages.

Creditors typically use collection agencies rather than garnishing your wages as a means of collecting  delinquent accounts because of the high cost of litigation.