Wage Garnishment w/no court order

[AWorkOfArt]

What is the name of your state? Georgia

I'm trying to settle a dispute w/a coworker about a creditor that keeps calling and asking to speak w/our HR department. Can a wage garnishment start w/OUT going to court or a getting a jedgement? She's saying she was garnished before w/OUT ever going to court, she just recieved a letter from payroll.

 

[Betty]

I don't know the details here but I believe the "creditor" probably did go to court & got an approval to garnish wages of your co-worker. The employer would then let your co-worker know of the garnishment. Court approval is required to garnish wages but it can happen in certain situations w/o the debtor being there.

 

[seniorjudge]

...She's saying she was garnished before w/OUT ever going to court, she just recieved a letter from payroll....


Okay, SHE did not go to court but the creditor did.

 

[AWorkOfArt]

She said there was no notice of any court proceedings. Garnishment just started.

 

[TigerD]

There are a few garnishment that court proceedings are not required for. However, the more likely answer is that she either doesn't have all the correct information or isn't sharing it with you.

DC

 

[AWorkOfArt]

Where can I find information on the garnishments that don't require court proceedings?

 

[badapple40]

There has to be a court proceeding prior to garnishment. It is a procedural due process issue. It could be (as has been mentioned) that she has failed to show up.

 

[TigerD]

Student loans, government debt of various types ....

DC