Understand the wage garnishment process

On Behalf of | Feb 20, 2021 | Firm News |

When creditors need to collect money from people, one option that they may choose is wage garnishment. If they pursue this action, people need to understand the wage garnishment process.

According to FindLaw, wage garnishment allows creditors to receive money from a debtor’s paycheck. This ensures that people receive their payments in a timely manner each month. Before they begin garnishing wages, creditors need to take several steps.

Set up a court hearing

Creditors need to work with an Ohio court if they want the wage garnishment to be legal. Both the creditor and the debtor have to attend the hearing. Additionally, creditors need to bring proof that people owe them money and are not making payments. This may consist of the original loan document, as well as copies of letters requesting payment. The court examines this evidence to determine the validity of the creditor’s claims. If the court approves the evidence, officials notify the debtor’s employer so the company can garnish the wages.

Get the proper documentation

There are several forms of documentation people need to receive before they can begin the wage garnishment process. According to the Houston Chronicle, creditors need to file a Writ of Execution. People can put together this document with their county sheriff. The sheriff then takes this document to the debtor’s employer to provide official notification of the garnishment.

Before creditors can begin garnishing someone’s wages, they also need to receive an Employer’s Return Form. This is a document that the debtor’s employer fills out. The signed document demonstrates that the employer will withhold the appropriate amount from the debtor’s paychecks. Once creditors receive this document, they can begin collecting the debt.

The wage garnishment process is officially over once creditors receive the full amount of the debt.

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