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Wage garnishment can follow judgment on a debt

Many Ohio residents who have fallen behind on the bills know of the incessant phone calls and letters that can follow a default. Bill collectors seeking payment can at times seem relentless. The difficulty with the process is that many people begin to ignore the calls and letters. Sooner or later a bill collector may involve the courts and gain a judgment on the debt. That can cause unexpected hardship.

Cincinnati wage garnishment attorneys know that a collections company or credit card comapny that has obtained a judgment on a debt in court can seek an order for garnishment. Judgment creditors-those that have gained a court judgment on a debt-can seek to garnish funds right out of a paycheck. The process can be embarrassing for many, as the creditor notifies the individual's employer of the right to garnish funds.

In the face of a lawsuit on the debt, there are ways to avoid a judgment. If the debt is valid, an individual can negotiate a deal, including a payment plan and retain some amount of control of the timing of the payments. In some cases the option may be beneficial.

However, many who have fallen behind and are facing a lawsuit on the debt due to a change in financial circumstances cannot make the payment. That is at times the reason the default occurred in the first place.

Filing for bankruptcy puts a halt to all bill collection activities. Lawsuits on the debt and later wage garnishments are no different. The lawsuit is halted or the garnishment must stop when the bankruptcy petition is filed. A bill collector must receive permission from the bankruptcy court to resume any collection activity after an individual has filed bankruptcy.

Source: Fox Business, "How Wage Garnishment Works and how to Avoid It," Julie Sherrier and Cynthia Diaz 12 May 2011

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