Q: Can your check get garnished before the court date?
I got an email from my job saying that my check will be garnished. I never got the summons, phone calls, or letters they supposedly sent. I got proof that I never got the summons because supposedly thought I worIed at another location. My company emailed me a copy of the summons supposedly happened on April17 and I didn't know anything about until this past Monday afternoon. Not to mention the my check is being garnished this week. Short notice and not enough to try to resolve this with them. Which is what I have been for the past few days...expressing with them that it will hurt me of they Garnish my check. I also sent them proof. Like a list of expenses and paystubs. I also notice that they want way more than what I originally owed them about 9,000 and now it's over 16000. I have proof of this as well. I'm from VA.
A: The date on the garnishment summons is the "return date," which is the date that the creditor goes to court to collect the garnishment checks. Your pay will be garnished, typically 25% of your take home pay, until that date. In order to garnish you, there has to be a judgment somewhere. Once a judgment has been entered, and the appeal period has run, it's almost impossible to do anything about it unless there was bad service of process. Bankruptcy may be an option for you.
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