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Arguments Against Garnishment

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A garnishment is a legal procedure in which a part of the earnings of an employee are withheld so as to pay the debt of a third party. In the state’s garnishment statute, there are various kinds of non-salary and non-wage incomes protected from garnishment. These are pensions, public benefits or assistance, damages and awards, and insurance and annuities. The state offers a large protection for retirement benefits, whether for private employees or public workers. Regarding public assistance or benefits, all the key kinds are protected, and these include unemployment compensation, worker’s compensation, and assistance to the physically challenged, blind and elderly, and veteran benefits. Fraternal society benefits like disability, health and accident benefits as well as annuity benefits usually payable to the defendants are also protected. Further, the state also preserves different amounts of wrongful death awards, individual awards from claims and the compensation of crime victims, usually up to an amount of $15000 (Brunn, 2012). Garnishment Procedure For a garnishment to take place, the creditor should have won in court, and the debtor should have been offered a chance to defend themselves against the claim that they owe money. This implies that the debtor should have been provided with the chance to challenge the assertion, and …show more content…

However, a large portion of their exempts is on certain assets like domestic support, public benefits, personal effects and personal property. The findings are also the same in that the same garnishment procedure is followed. However, according to the colleagues’ findings, if a creditor wants a separate order to garnish, they have to return to court. During this time, appearing to the court to have their garnishment heard is a must (Jantscher & Shuchman,

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