Can Wages be Garnished without being Served in Arkansas?

When a car repo tried to serve me they couldn’t find me. I had moved out of state. I moved back several months later and I received an email from my payroll stating they received a writ of garnishment. Is this legal?

In Arkansas the steps are this–first a lawsuit, then service, then a judgment, then garnishment. It is possible for all of that to happen without your knowledge until that last bit–garnishment. And what most people don’t realize is that when a payroll department gets that writ, by law they must begin withholding 25% of your take home pay right away. The papers say there is a period of time before a response is due but that just means your payroll department has to keep the money they collect until they get an order telling them where to send the money. Good news, though–bankruptcy can stop a garnishment cold. Please come talk to us or to another experienced bankruptcy lawyer right away so that we can help you keep your whole paycheck.

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