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2)What Happens When the Wage Garnishment is Paid? The wage garnishment continues until the debt is paid in full. Once the debt is paid, the creditor should notify the employer to stop deductions for the debt. It is difficult to stop a wage garnishment after it begins.
In Minnesota, the most that can be garnished from your wages is the lesser of: 25% of your disposable earnings, or. the amount by which your weekly disposable earnings exceed the greater of 40 times the federal or state hourly minimum wage.
Step 1: Serve Notice of Garnishment. You must serve the debtor with a Garnishment Exemption Notice and Notice of Intent to Garnish Earnings Within 10 Days upon the debtor at least 10 days before attempting to garnish wages. Step 2: Garnishment Summons and Disclosure Form. Step 3: More Notice of Garnishment to the Debtor.
Once a garnishment is approved in court, the creditor will notify you before contacting your bank to begin the actual garnishment. However, the bank itself has no legal obligation to inform you when money is withdrawn due to an account garnishment.
A creditor starts the garnishment process by serving a legal documentcalled a garnishment summonson the third party (called the garnishee) who the creditor believes to have money or property belonging to the debtor.
If you have found the judgment debtor's assets such as an active bank account or employment, collection can be made by a levy on the bank account or garnishment of wages. This is done by obtaining a Writ of Execution from the Court for a fee of $55.00.
Garnishment is a proceeding by a creditor (a person or entity to whom money is owed) to collect a debt by taking the property or assets of a debtor (a person who owes money). Wage garnishment is a court procedure where a court orders a debtor's employer to hold the debtor's earnings in order to pay a creditor.
Generally, state laws don't require employers to notify you in advance before garnishing wages. Nor are they required to give you a period of time to dispute the debt or garnishment. However, your employer should, as a courtesy, provide you with a copy of the notice.
What Happens When a Garnishment Summons Is Served?In the case of a nonearnings garnishment, the garnishee must provide a written disclosure to the creditor within 20 days after service of the garnishment summons that identifies all indebtedness, money, or property that the garnishee owes to the debtor.