How does a Creditor get the right to garnish my wages, obtain a lien, or attach my bank account?
To be able to garnish wages, obtain a lien, or attach a bank account, most types of Creditors must file a lawsuit in Court, deliver a copy of the Court paperwork to the last or best address they have for you, and give you time (usually three weeks) to respond in writing to the Court. Many times, you may never actually see the Court papers because it was delivered to an old address. Or you may have assumed that if you didn’t sign for it, the suit wouldn’t go through, so you ignored it. You may have assumed that if you made a small partial payment, the Creditor won’t be able to garnish you, but this is not true! Beware of false assumptions! Once the deadline to respond has passed, a Judge signs a “Judgment,” and this Court Order gives the Creditor the legal right to take up to 25% of your paycheck every pay period until the Judgment is paid off (called Garnishment), record a lien against your home (which will require full payment of the judgment when the property is sold or refinanced),
