Wage garnishment, also known as earnings garnishment. Is a process allowing a creditor to obtain payment of an amount owed to him through a direct deduction from the debtor's salary. These operations are carried out with the intervention of a judicial officer. This one will have at his disposal all the necessary documents to operate. The payroll tax is considered to be one of the best ways for a creditor, a business or even a private individual to recover the amounts owed to them. In this article, find out what you need to do to contest a wage garnishment.
The procedure to follow
As a reminder, it is possible to initiate a dispute before undergoing a wage garnishment. Indeed, the procedures imposed by law may not have been followed. For example, we can try to seize you an amount that greatly exceeds the legal scale in the absence of any enforceable title.
Verification of the presence of an enforceable title
Only a bailiff with an enforceable title can seize wages. This is provided by the execution judge of the judicial court or by the notary responsible for the debt in question. You are then entitled to request a copy of the writ of execution from the bailiff responsible for the case.
Verification of legal deadlines
From the moment the creditor appeals to the judge, the latter must send you a summons, at least 15 days before the conciliation hearing.
Know that a conciliation hearing must necessarily take place before any procedure of seizure of remuneration. Once it has taken place, the clerk must draw up a report. This must imperatively include the various obligations and commitments that you have vis-à-vis the creditor. At the end of the hearing, the judge can render a verdict allowing the direct seizure of your income.
If the garnishment of your wages is granted by the judge, the clerk of the court will then be required to inform your employer of the next garnishment. The puncture will normally take place within eight days of the end of the appeal period.
Verification of compliance with the legal scale
You will need to control the amount of the garnishable sum on your salary. This will be calculated on the basis of your net income for the last 12 months. For verification, it is important to group together the last 12 payslips and to add up the net salaries. It only remains to make the comparison with the calculation basis engaged on the garnishment of wages.
It is essential to ensure that the scale has been respected. Indeed, the garnishment of wages must in no case exceed the maximum and monthly seizable sum.
Contestation of a wage garnishment
After checking the previous points, if you are lucky, you may come across an irregularity. In this case, you can immediately dispute the amount of the wage garnishment with the judge of the judicial court.
You have the option of directly contesting the direct debit. For this, you must collect all the evidence in your possession: copy of the bailiff's response stipulating the absence of an enforceable title, copy of the dated letters sent demonstrating the non-compliance with the procedures, documents justifying the non-compliance with the scales applied, etc. All you have to do is make an appointment with the clerk of the court.
In addition, you also have the possibility of assigning a third party to manage the dispute of your wage garnishment. This representative can be a bailiff or a lawyer. You just have to send him all the evidence.
How to do ?
Note that the dispute of a seizure of wages must be sent by registered mail with acknowledgment of receipt.
Here are 2 examples of letters to dispute a wage garnishment.
Example 1: dispute of a garnishment of wages
Julien dupont
75 bis rue de la grande porte
75020 Paris
Phone: +06 66 66 66
julien.dupont@xxxx.comDear,
Function
Address
ZIP codeIn [City], on [Date
Subject: Dispute of garnishment of LRAR wages
Madame, Monsieur,
Following a first seizure of my salary on (date of seizure), I would like to inform you hereby. That I have taken legal action to challenge this illegal decision.
Indeed (explain the reasons which push you to contest). I am making all the official supporting documents in my possession available to you.
Faced with this (procedural irregularity or error noted), I would ask you to stop taking the samples.
Thanking you in advance for your diligence, please receive, Madam, Sir, my most sincere greetings.
Signature
Example 2: dispute of a garnishment of wages
Julien dupont
75 bis rue de la grande porte
75020 Paris
Phone: +06 66 66 66
julien.dupont@xxxx.comDear,
Function
Address
ZIP codeIn [City], on [Date
Subject: Contestation of the garnishment of wages-LRAR
Madame, Monsieur,
Since (start date of the seizure) and according to the arrangements made by the court, my employer has withheld the amount of (sum) from my salary each month. These monthly withdrawals are made for the repayment of a debt to the attention of (Name and first name of the debtor).
However, I just found that (explain your reasons for challenging the wage garnishment).
I am sending you the supporting documents which prove the legitimacy of my appeal. I expect that they will convince you and that you will agree to take them into consideration.
This is why I have the honor to ask you to do what is necessary to regularize the situation as quickly as possible. Pending a response that I hope favorable from you, receive, Madam, Sir, the expression of my best regards.
Signature
If you have doubts about your rights, you can always seek advice from an expert. He will provide you with further explanations depending on your case. This will make the procedures much clearer for you. In addition, your case may be quite specific. Seeking the help of a qualified professional can help you increase the odds in your favor.
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