Wage garnishment is one of the most stressful consequences of unpaid debt, especially when you’re already struggling financially. But the truth is: creditors cannot garnish your wages immediately. In most cases, they must first sue you, win in court, and obtain a formal garnishment order.
Understanding the timeline gives you control — and time — to stop garnishment before it starts.
If you’re facing a lawsuit, you can protect your paycheck by filing a proper response.
Start your defense here: https://debtaegis.com/pricing/
When Wage Garnishment Can Begin
With a few exceptions (like government debts), most creditors must win a lawsuit before they can take money directly from your paycheck. Here’s how the process typically unfolds:
1. Missed Payments → Contact Attempts (0–180 Days)
When you miss a payment, creditors usually spend the first 30 to 180 days trying to reach you through:
- Phone calls
- Letters
- Emails or text messages
- Payment plan or settlement offers
If these efforts fail, they often sell the debt to a collection agency.
2. Debt Sent to Collections (6–12 Months)
Once a collection agency takes over, they’ll attempt to collect using calls and letters. If you ignore them long enough — often 10 to 12 months after the original missed payment — the collector may file a lawsuit.
Collectors also want to avoid missing the statute of limitations deadline, so they usually sue before time runs out.
3. The Lawsuit Begins (Service + 20–30 Days)
When the collector files a lawsuit, the court schedules a hearing and you will then be served with:
- A Summons
- A Complaint
You typically have 14 to 30 days to respond, depending on your state.
If you ignore the lawsuit, the court issues a default judgment, which fast-tracks wage garnishment.
Filing an Answer stops collectors from automatically winning.
Protect yourself: https://debtaegis.com/pricing/
4. After a Judgment: Wage Garnishment Order (15+ Days)
If the creditor wins the case:
- They request a wage garnishment order
- Some states require 15 days of notice before filing
- Other states allow collectors to file without notifying you
Once the garnishment order is approved, the court sends it to your employer.
5. Employer Compliance (Within 30 Days)
When your employer receives the garnishment order, they must:
- Begin withholding wages (often within one pay cycle)
- Report back to the court whether other garnishments exist
Most employers begin garnishing wages within 30 days of receiving the order.
How Long Garnishment Lasts
The duration varies by state:
- Some garnishments last 60 to 180 days
- Others last years, even up to 20 years
Garnishment continues until the balance is fully paid. If the garnishment expires before the debt is paid, collectors may request a renewal, adding more fees.
Government Debts Move Faster
Certain debts do not require a court order:
- Federal taxes (IRS)
- Federal student loans
- Child support
These agencies must give you 30-day notice but can garnish without going to court.
Can You Fight a Garnishment? Yes
You may be able to stop or reduce garnishment by:
- Filing a Motion to Vacate Judgment (if you never received proper notice)
- Claiming exemptions (Social Security, veterans benefits, SSDI, etc.)
- Proving financial hardship
- Correcting legal mistakes in the lawsuit
- Negotiating a settlement
The earlier you act, the easier it is to prevent garnishment from ever starting.
The Most Important Step: Respond to the Lawsuit
The fastest way to wage garnishment is to ignore the lawsuit.
If you respond with an Answer:
- You avoid automatic loss
- You force the collector to provide proof
- You gain time to negotiate
- You protect your income
DebtAegis makes filing your Answer simple and accurate.
Protect your wages now: https://debtaegis.com/pricing/