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Wage garnishment: a useful tool for creditors

When seeking to collect a debt, creditors have several options by which they can contact the debt holder and pursue payments. However, it is not always possible to get money owed, even after months of attempted contact through phone calls, letters and other means. In these situations, additional steps may be necessary to protect the interests of the creditor. Wage garnishment is an effective way to collect debts when other methods have failed.

Wage garnishment is a process that withholds a portion of a person's paycheck. The money withheld goes toward the payment of specific outstanding balances. There are limits to wage garnishment, and there are differences in how this process works either before a judgment or after one. 

Steps for creditors

A creditor or an attorney working on behalf of a creditor cannot simply call an employer and ask for a wage garnishment. A creditor can only move forward with this process after obtaining a court order. It may be beneficial for creditors to understand the following before initiating the garnishment process:

  • It will be necessary for a creditor to obtain a court judgment that explains the defaulted debt before taking any other steps.
  • In many cases, wage garnishment is the result of debts related to unpaid taxes, credit card debt, student loans or missed child support payments.
  • There are limits to the amount a creditor can seek to have withheld from an employee's paycheck, but any amount withheld will go straight to the creditor. 

Creditors have the right to seek payments on debts still owed to them, but there are various options by which they can accomplish this. Garnishment and paycheck deductions are only one option of many. It is prudent for creditors to avoid complications and choose the optimal path by carefully evaluating all possible options before moving forward with a specific type of debt collection

Support for creditors and creditors' legal representation 

Whether you are an out-of-state attorney or within the state of Florida looking to collect, it is beneficial for any party to secure appropriate legal guidance. An experienced creditors' rights attorney can help interested parties move forward with the appropriate course of action, which may include seeking necessary court orders for garnishment or a judgment against a debtor. When you have the guidance of an experienced legal ally, you can address any objections or setbacks quickly and effectively and secure the money owed in a timely and efficient manner.

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