Notice of garnishment to employer of debtor.
Minnesota Notice of Third Party Levy and Disclosure - Garnishment
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FAQ
Generally, any creditor can garnish your wages. But some creditors must meet more requirements before doing so. Specifically, most must file a lawsuit and obtain a money judgment and court order before garnishing your wages. However, not all creditors need a court order.
Regular creditors cannot garnish your wages without first suing you in court and obtaining a money judgment. That means that if you owe money to a credit card company, doctor, dentist, furniture company, or the like, you don't have to worry about garnishment unless those creditors sue you in court.
To start the wage garnishment process, file a Writ of Execution with the sheriff in that county. This authorizes the sheriff to inform the debtor's employer that a portion of his employee's wages need to be withheld from his paycheck each pay period until the debt is settled.
If you have won a court judgment against someone with a decent job, you may be able to intercept up to 25% of his or her wages to satisfy your judgment. This process, permitted in nearly every state, is called a wage garnishment.
But the $1,400 stimulus checks can be garnished for unpaid private debts, such as medical bills or credit card debts, provided they are subject to a court order, according to Christine Hines, legislative director at the National Association of Consumer Advocates.
The federal benefits that are exempt from garnishment include: Social Security Benefits. Supplemental Security Income (SSI) Benefits. Veterans' Benefits.
With the second stimulus check, your payment was protected from bank garnishment and from private creditors and debt collectors, according to the text of the law.Federal law allows only state and federal government agencies to take your refund as payment toward a debt, not individual or private creditors.
You can sue for wrongful garnishment You can sue even if you owe the debt. If you win the case, you get: (1) $1,000 in statutory damages; (2) any provable actual damages--such as out-of-pocket loss or emotional distress; (3) the collector has to pay your attorney fees; and (4) the collector has to pay your court costs.
Currently, there are only nine community property states in the United States: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington.And since wages are considered community property if you have unpaid debts that result in judgments against you, your spouses' wages can be garnished also.