Legal Question in Civil Litigation in Indiana

garnishment

I had a garnishment put in place in 1998, the court stated that they sent a notice to appear, I don't remember it, but at any rate, I did not appear.the attoney states that they tried to contact me again in 2004, ;now in 2007 1/3 of my check is being taken, is it legat to wait so long and without notice garnish to this degree


Asked on 2/26/07, 4:49 pm

2 Answers from Attorneys
Samuel Hasler Samuel Hasler

Re: garnishment

Odd, yes. If I understand correctly, no garnishment order was sent to your employer before this year. Your statement of facts implies that you are working the same job. I do not see any problem if you are working the same job, but it is still odd.

What is a problem is that they cannot take 1/3 or your paycheck but only 25%. I suggest asking the court for a hearing.

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Answered on 2/26/07, 5:08 pm

Re: garnishment

You should receive notice of every filing in court. However, it is your obligation to make sure that the court and the other attorney have current addresses so that notices can be provided. The bottomline is that they are entitled to garnish up to the maximum amount allowed by federal law.

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Answered on 2/26/07, 5:27 pm


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