How Long After Judgement Can Wages Be Garnished (And Why)?

Exact Answer: 5 Days

The term justice is very important in the modern world. It holds a high place in society. Continent, country, people, culture, religion, etc., can be different by the meaning of justice remains the same for every single person in this world. A person can be punished if he or she has committed any crime. But a random person cannot pass the judgment. It is the court that passes the judgment after carefully going through the matter.

If a complaint is filed against a person, then that person can hire a lawyer to defend his case. If a person brings a plaintiff to the court, then he or she has to perform a few duties. Wage garnishment is one such duty where the court orders money to the creditor of that person. Generally, the time is 5 days in which the order will beg

How Long After Judgement Can Wages Be Garnished?

TypeTime
Minimum Time5 Days
Maximum Time30 Days

The time may differ according to the order given by the court. The 5 day period is a minimum and the maximum time is 30 days. Within the mentioned days the order will begin. The situation of the creditor may also be taken into account before passing the order. The garnishment will be going on until the fees of the court as well as the interest is paid. Both of them are included in the debt.

Garnishment means collecting money from a defendant on behalf of a plaintiff. It falls under legal jurisdiction and can only be passed on an order by the court. On the other hand, wage garnishment occurs when there is a debt. In this case, the debtor has to send a certain amount of money from his or her paycheck to the creditor or the person to whom that person owes money. The process continues until the debt is cleared.

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There are several sources through which wages can be garnished. The most common of them are student loans, consumer debts, and child support. The wage will be kept on garnishing until the debt is cleared or if the creditor and the debtor have any other means to resolve the matter. The debtor can use legal measures to lessen the interest. The debtor can also apply to say that how much can he or she pay at a time to clear the debt.

Legal steps can be taken against the wage garnishment, but if the order of wage garnishment is passed, then the debtor has no choice but to pay the money. It is a legal order and the person has to abide by it. In response to the order, the court expects a reply which should not be ignored.

Why Does It Take Long For Wages To Be Garnished After A Judgement?

Legal matters take time to happens. A lot of inspection has to be done, lawyers need to be hired, proper documents have to be presented, and a lot of other work. Compared to another type of legal work, the period in this situation is very less. In this situation, it takes between 5 days to a month at most after a judgment. But other cases like dispute of lands may take years before an agreement is reached.

Many people think that wage garnishment is not that popular. But in reality, it is quite common. A renowned research institute presented a report in 2013 after conducting thorough research on wage garnishment. The report said that almost 7% of people out of almost 13 million employees had their wages garnished. But the fascinating thing was that the number increased to 10% in the case of people who are in their 30s and 40s.

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Garnishment can be of two types. The first one is wage garnishment and the second one is non-wage garnishment. The term wage garnishment is already mentioned above, while in the case of a non-wage garnishment, the creditors have access to the debtor’s bank account and can make money if not paid on time. It is also known as a bank levy.

There are a few rights in case of wage garnishment. But in some of the states, the debtor has to be aware of the rights and exercise them properly. The garnishment can only be challenged if and only if there is an error in the judgment and it is causing harm to the debtor’s financial situation.

Conclusion

When a judgment of wage garnishment is passed, it is important not to panic and handle the situation with care. The debtor should thoroughly go through the information to see whether everything is correct or not. It should be made clear that it is not a debt that is already cleared and that the debt is actually of the debtor. If everything is fine, then the amount including the interest should be discussed with the court and the creditor.

While discussing the debtor should also keep a tab on his or her financial condition. Paying a large amount all at once may put the debtor under a financial crisis. In these kinds of situations, the best policy is to seek help from a legal advisor.

References

  1. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/calr53&section=72
  2. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/clla77&section=106
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