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Legal Process Judgment and Garnishment

A collection agency cannot garnish your wages without first going through the required legal process.
For a 3rd party collector to garnish your wages they must first sue you.
A formal written complaint must be delivered by certified mail to you. If you receive a complaint, you will be directed to respond to the completed within a deadline explaining why you are contesting the lawsuit. If you fail to respond or fail to appear for the court date, a default judgment can be entered against you indicating you owe the debt.
Once a judgment is placed against you, the collection agent may use more aggressive measures to collect the debt including garnishment.
When you answer the initial complaint, it is wise to first contact the creditor and attempt to establish an agreeable repayment plan to avoid the litigation.
If you go to court to contest the lawsuit, it is often helpful to demonstrate to the court that you had a specific hardship which caused your inability to pay the debt and that you have proactively made efforts to repay the debt through a credit counseling agency or with the creditor directly.
Laws vary from state to state with regard to the effects of judgments on a creditors’ right to pursue wage garnishments; it’s important to become familiar with the laws in your state.

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