Avoid or stop garnishment
If you have debt, the person or company you owe might sue you or try to “garnish” your bank account or paycheck. The law might protect (exempt) some of your income and property from garnishment by creditors, even when a creditor has a court order against you.
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1. What is garnishment
If a creditor sues you over a debt, don’t ignore court papers! Try to talk with a lawyer right away. You should also respond in writing to the lawsuit.
Garnishment is when someone freezes money in your bank account or your paycheck to get money a court says you owe to them. They can only do this if a judge enters a court order called a judgment against you. If you’re served with a lawsuit from a debt collector and you don’t respond, they may get a judgment against you.
You may not get a warning before the garnishment happens.
Most garnishments are judgments for debts from credit cards, doctor and hospital bills, utility and phone bills, personal loans from a bank or credit union, debts owed to a landlord, or other debt for personal, family, or household purposes. These types of debts are called consumer debt.
The law protects (exempts) some types and amounts of income and property from garnishment by the person or company you owe, called the creditor. A creditor usually can’t take exempt funds or property from you to pay off a debt, even if the creditor has a judgment against you.
There are a few exceptions to this. If you owe child support, federal student loans, or certain some other debts to the federal government, the creditor can garnish any of your income or property.