Question:

Can they garnish your check for a civil lawsuit?

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I was renting a house and it became too much so I had to move. I told the landlord I would pay monthly until I pay off what's owed (NOT in writing). Lately I have been having financial hardships and can't afford to pay for now. Now I'm being sued. Does he have a case? and if so, Can they garnish my checks at work?

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  1. If you owe a debt, the person to whom the debt is owed probably has a winnable case in court.  Though your promise to pay monthly until it is paid off is not in writing, the underlying debt is probably based on a rental agreement in writing.

    In some states, but not all states, a judgment debtor may have wages garnished.

    I all states, there are post-judgment remedies for the party that prevailed, including garnishing bank accounts, recording the judgment debt and having it appear on credit reports, and execution of a writ to take non-exempt property in satisfaction of the debt.

    Consult your attorney to learn about your options.


  2. If a court enters judgment against you, the court can also authorize execution of the judgment by wage garnishment.

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