Legal Question in Credit and Debt Law in Indiana

Is it legal to garnish if prior agreement of payment is made.

I had a meeting with a lawyer in November of 2001 do discuss my payments. When we left the meeting he said ''You need to submit in writing of how you plan to pay for your debt.'' I wrote a letter and said I will make a monthly payment to him. I sent a payment in December with the letter and also in January 2002. My paycheck on January 25th had 25% of my pay taken out for wage garnishment. Is this legal since we had an agreement to make monthly payments? And does he have to notify me of my pay being garnished prior to the garnishing? PLEASE HELP!!!


Asked on 1/28/02, 10:57 am

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Is it legal to garnish if prior agreement of payment is made.

Whatever your agreement may have been, garnishments have a life of their own, since the sheriff's office needs to be notified to stop the garnishment. Speak to this lawyer again, and make sure you understand each other. It was not clear to me from your question who it is that has a judgment against you? The lawyer or someone else. Whoever it is, they have already waited a long time to get paid.

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Answered on 1/28/02, 5:01 pm


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