If there is a creditor that is trying to garnish your wages, you have the ability to challenge this action through a formal objection. The proper procedures to follow for objection of wage garnishment will be dependent on the particular type of debt that you owe and the creditors who are attempting to collect. If you need assistance, hiring a Garnishments Attorney in Atlanta may be required.
Judgment Creditors
When you owe a creditor, such as a debt to a credit card, a loan or a hospital bill, wage garnishment is not typically an immediate option. Instead, they must first go through the process to sue you in order to have a judgment placed from an actual court. When this occurs the creditor seeking the judgment has to file the appropriate papers with the court to begin the actual garnishment process.
In these situations you can compose a written notice, as well as a have a hearing, prior to your employer taking out a portion of your monthly wages to pay a creditor. In most cases, the notice will be issued by a Notice of Garnishment of Personal Earnings or a like document, which is sent by the court. Once you have obtained this notice that your wages will be garnished, you will need to act quickly. There is a limited period of time for you to take action and file an objection, which may range from only five business days up to 30 days.
Filing the Written Objection
The objection process for wage garnishment will be started when you prepare and file the paperwork. These documents need to be filled out completely, with accurate information. Some of the instructions that will be included with this paperwork will be:
- The actual deadline for objection filing
- If the objection needs to be completed in writing
- If a form provided by the court must be used for the objection
- The information to include
- Where the objection needs to be filed
During a garnishment hearing, which is given after the objection is successfully filed, you will have to prove why you should not have your wages garnished. If you are unfamiliar with tax law and dealing with these situations, having a tax attorney can be extremely beneficial. There is no reason to take chances with your wages, when a qualified attorney can provide you with the help and guidance that is needed.
When you are facing wage garnishment, Jeffery L. Cohen, Atlanta Garnishments Attorney, can provide help. Contact Jeffery L. Cohen office or visit his website for more information.
