Is Allied Interstate garnishing your wages or have they threatened to garnish your wages? Can they do this? The answer depends. Any creditor or debt collector may be able to garnish your wages, but they must follow the proper procedure, and some wages are exempt from garnishment.
Can Allied Interstate Garnish My Wages Without Suing Me?
Each state has its own procedure that must be followed before a creditor or debt collector can garnish your wages. Generally, they must first file a lawsuit against you, provide you with proper service, or notice of the suit, and obtain a judgment first. Then, if you do not pay on the judgment, they can ask the court for a garnishment order, which they would then send to your employer. A garnishment order requires your employer to withhold a certain amount of your income each pay period to pay on the judgment. This procedure may not apply to certain government entities, such as the Internal Revenue Service (IRS), but it does apply to Allied Interstate. So, if you asking, can Allied Interstate garnish my wages without suing me, the answer is no. If they have threatened to garnish your wages, you do not need to become alarmed that the garnishment will begin immediately, however you should watch for notice of a lawsuit and respond to any that you receive.
Can Allied Interstate Garnish My Wages Without Providing Me Notice of a Lawsuit?
Rules of Procedure in each state require a party who sues anyone to provide them with proper notice of the lawsuit. Sometimes, a plaintiff serves a defendant at the wrong address, or does not follow the rules, and fails to provide proper notice. This can allow them to obtain a judgment without the defendant's knowledge that they have even been sued. So the answer to the question, can Allied Interstate garnish my wages without providing me notice of a lawsuit, is no. If Allied Interstate is garnishing your wages, but you never received notice of a lawsuit, you may need to contact an attorney who can have the garnishment order set aside, help you negotiate a settlement or appear with you in court to dispute the debt or the amount of the debt.
Can Allied Interstate Garnish My Wages if They are Exempt from Garnishment?
Some federal benefits cannot be garnished, such as social security, and state laws may exempt certain other wages from garnishment or limit the amount that can be garnished. Anyone whose wages are being garnished by a creditor should contact an attorney in their state to determine if the garnishment is proper and the amount being garnished exceeds state limits.
If Allied Interstate has threatened to garnish your wages or is already garnishing them, please contact our office at 1-800-219-3577, for a free, no obligation case review.