Can a debt collector garnish my wages without a court order?
In Washington, a debt collector cannot garnish your wages without a court order. Generally, when someone is behind on loan payments, a debt collector must first sue the borrower in order to get a court order authorizing wage garnishment. The court order authorizing wage garnishment is a result of the lawsuit, and the wage garnishment can only be put into place after that court order is issued. In Washington, the law requires debt collectors to provide the borrower with a written notice of the intent to garnish wages at least 10 days before the actual garnishment. This notice must include important information, such as the amount of the debt, the amount that is being garnished, and the rights of the borrower to dispute the debt. Before a debt collector can garnish someone’s wages, the debt collector must also get a judgment from the court. This judgment is an official document stating that the borrower owes the debt, and must be paid by the borrower. The debt collector only has the right to garnish wages after obtaining the judgment. If a debt collector attempts to garnish wages without a court order, the borrower can file a complaint with the Washington Department of Financial Institutions. It is important to remember that the debt collector cannot garnish wages without a court order in Washington.
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