Legal Question in Credit and Debt Law in Minnesota

check collection

I was recently notified by a law firm they are going to garnih my wages. I work for the Federal REserve Bank, part-time due to my being dis-abled. I also collect Social Security Disability. I am raising 2 children without the benefit of child support on these sources of income.

My question, can anyone garnish one's paycheck without the benefit of a court hearing? The debt is a check that may or may not be mine as copies have never been provided. This may be another check that is not mine due to a break in I suffered in 1997 that resulted in many checks written on an account I closed due to the stolen checks. Could you please help me as I don't want to suffer embarrassment at work when they threaten to serve me and my employer. Nothing has been proven as to whether or not this check is mine. Thank you kindly for your advice.


Asked on 9/04/00, 12:09 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: check collection

Your wages cannot be garnished without a judgment. If the lawfirm told you it was going to garnish you and that it would do so without a hearing, it violated the Fair debt collection practices Act.

You should contact a local attorney pronto. The first step is to call your local legal aid office. If you are poor, they will probably provide help free.

If you need help and can't find help, you can contact your local bar association or state supreme court (that regulates lawyers in your state) and ask them for a referral to an attorney who does "pro bono" work.

Good luck.

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Answered on 10/05/00, 11:01 am


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