Can a debt collector garnish my wages?
In Delaware, a debt collector may be able to garnish your wages if they sue you and win a judgment against you. If you owe a debt and a court determines that you are liable for paying the debt, the court can enter a judgment ordering you to pay the debt. This judgment will include an order to garnish your wages if you do not pay the debt within a specified amount of time. If a debt collector has obtained a court judgment against you, they can have your wages garnished. The debt collector may contact your employer, and your employer is then required to send part of your wages directly to the debt collector. The amount of your wages that the debt collector can take is limited by Delaware state collection defense laws. The amount that can be taken from wages is determined by the size of the original debt, the number of dependents you have, and the amount of other debt creditors are already taking from your paycheck. Your disposable income, which is generally the amount of money left after you have met all of your living expenses, is protected from garnishment unless the debt is for child support or alimony. Debt collectors must follow all state and federal laws in attempting to collect a debt from you. If any of your rights are violated, you can take legal action against the debt collector. You may be able to have the garnishment of wages stopped and even get financial compensation if the debt collector acted inappropriately. It is important to understand your rights and seek legal advice if you believe that a debt collector is trying to take more than they are legally allowed to from your wages.
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