What to Expect at a Wage Garnishment Hearing

If you are seriously in debt, you will receive notice from your creditors demanding payment. If you ignore the requests, you will receive a packet indicating the creditor has gone to court for a judgment against you. The granting of a court judgment is the only legal way a creditor can obtain the right of wage garnishment from a debtor.

The Process

The process of obtaining a wage garnishment judgment involves the creditor appearing in court and presenting his or her case. The court then decides whether the debtor owes the creditor money. If they decide in favor of the creditor, he or she now has obligations to the debtor. If the now judgment creditor fails to follow them, the judgment debtor can raise objections. 

The judgment creditor must, within 15 to 45 days following the meeting send the judgment debtor a demand letter – this requests payment in full for the debt. If the judgment creditor ignores or neglects the letter, the creditor send the following papers:

• Order and Notice of Garnishment and Answer
• Notice To Judgment Debtor
• Request for Hearing.

It is then up to the judgment creditor to decide what to do under the circumstances, including disputing the creditor’s actions by filing a “Request for Hearing.”

What Is A Request For Hearing?

A Request for a Hearing is a document asking the court listen to what you have to say on the matter. It notes you are disputing the right of the creditor to garnish your wages at the set amount. It is essential you fill in the form and drop it off or mail within 5 days of receiving the Order and Notice of Garnishment and Answer.

You need to fill in the pertinent parts, particularly those relating to your financial situation. You must include the reason for the request including:

• Too much money is sought by the judgment creditor
• The amount requested exceeds 25% - the allotted amount
• The amount includes exempt monies including disability, pensions etc.

The recipient is the Clerk of Courts. He will notify you within 12 days as to the place, the date and the time for the hearing.

What To Expect

The judge will listen to your side of the argument. S/he will listen to the opposing parties’ arguments. The creditors will question you. The judge will then rule as to the validity of your case. There may be a reduction of the garnishment.

Hiring A Lawyer

Hiring a lawyer will simplify filing. He or she will also help in presenting your case in front of the judge.