What is a writ of garnishment?

A writ of garnishment is a legal document used in Delaware that allows a creditor to collect an unpaid debt from the debtor’s wages or bank account. It works by taking money directly from a debtor’s paycheck or bank account to pay off the debt. In Delaware, the collection defense law requires creditors to obtain a writ of garnishment before taking money from debtors. When a creditor receives a writ of garnishment, they must provide the debtor with notification of the writ and also provide a full explanation of their right to contest the garnishment. The debtor has the right to challenge the writ and can do so by filing a written response with the court and attending a hearing. During a hearing, the debtor can present evidence to the court about why the garnishment should not be allowed. The law also states that a creditor must receive approval from the court before a garnishment can be enforced. If the court finds that the garnishment is valid, the creditor will then be able to take the debtors funds from their paycheck or bank account to pay off the debt. If a debtor wishes to contest a writ of garnishment, they can also reach out to a local attorney for assistance. An attorney can provide valuable advice on how to fight a writ of garnishment and help protect the debtor’s rights.

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What is a writ of garnishment?

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