Legal Question in Bankruptcy in Indiana
Wage Garnishments
I was wondering how long, on average, it takes for a creditor to file a wage garnishment with ones employer. Isn't this something that has do be done in court before it can take place? How long is this usually?
1 Answer from Attorneys
Wage guarnishments
In Indiana, after a judgment is entered against the Defendant the next procedure is to do what is called Proceeding Supplimental. This is a proceedure torequire the Defendant to appear and answer as to his assetts and income from what ever source. Pqart of this proceedure is what is call Interrogatories to the employer of the Defendant. Interrogatories are questions in writing to the employer concerning the payroll of Defendant. The employer has 30 days to answer these interrogatories. The hearing that the Defendant will be ordered to appear at is not normally scheduled until after the time has run to answer these interrogatories. At the hearing the Defendant must make a claim for any exemptions under the law to protect his property from levy by the court. The law requires that Plaintiff notify of his rights to these exemptions but it is up to Defendant to protect them by filing an inventory of his property and claiming the exemption. The time depends on when the Plaintiff starts this procedure and of course the court's calendar can effect it too, but a minimum of 30 days would be the answer.
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