In Indiana can they garnish your wages on a judgement by default withyou you appearing in court.

Question

received a paper saying that they are suing us and if they dont hear from you within 20 days they can enter a judgement by default, I just want to know if they can garnish your wages without going to court.

Answer 1

They have to go to court to garnish your wages, you need not attend if that is OK with you. If you'd like to present your side as to why the debit is not valid and/or explain that you can't afford to have them garnish your wages, you or your lawyer will need to attend.

Answer 2

Wage garnishment is a result of a court order.

Until they have that, they can't legally do that.

They are giving you 20 days notice to defend yourself in court. If you choose not to appear and speak up then yes they will order garnishment "in absentia" (your absence)

Answer 3

First of all, they have to appear in court to get a writ of garnishment issued by the court.  They  can get one if you fail to appear for the hearing. Did this letter come from the court or the collection agency?

Next, is this "paper" a court summons or just a collection agency saying they are going to get the judgment if you do not answer their letter.  Well if this is the case, then what they are doing is illegal under the FDCPA to whit:15 U.S.C. § 1692e. False or misleading representations

(2) The false representation of--

(A) the character, amount, or legal status of any debt; or

(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken

(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

(13) The false representation or implication that documents are legal process

If this letter is from some bottom feeding collection agency, then notify them of the above referenced statute and that you intend to send a copy to your states attorney generals office.

If you were truly being sued in court for a garnishment, you would be served a summons to appear.  The summons would stipulate the court address, time and docket number along with information on what you need to do to answer the summons.

Hope this answers your question

LEGAL DISCLAIMER:  The advice contained herein is for informational purposes only.  It is not to be construed as Legal Counsel nor Legal Advice.