A writ of garnishment is an order granted to a creditor by a court ordering an employer to garnish the wages of the defendant by X amount each paycheck. Such a writ is only granted after the plaintiff (a creditor) has filed suit to recover a debt and received a favorable judgment. It cannot be granted without a judgment, as every American is guaranteed the right to due process. So, unless your creditor has sued you and won, do not worry about your employer receiving such a writ.
A writ of garnishment not only states the amount to be garnished from a person's paycheck; it also provides instructions as to where the amount taken from the paycheck should be sent. If your employer receives a writ of garnishment, he has no choice but to do as he has been instructed no matter how much he may not want to. An employer who refuses to do as the writ orders could face serious legal trouble himself since he is disobeying the order of a court of law. Therefore, pleading with your employer to ignore the writ and not garnish your wages is a waste of time.
How to Avoid a Writ of Garnishment
The best way to avoid having your wages garnished is to avoid being sued in the first place. So many consumers go into denial mode when they can't pay their debt and try to hide from and avoid their creditors by ignoring correspondence and phone calls. This is absolutely the worst thing you can do. Just contacting your creditors, telling them why you can't repay your debt, offering a reduced monthly payment and keeping them informed of your financial progress, is a much more effective way to handle debt problems and avoid writs of garnishment and -- if you deal openly and honestly with your creditors you won't jump every time the phone rings or lay awake at night worrying.
|