Almost every week, we have folks come into the office and say their paychecks or bank accounts are being garnished and they were not aware they had even been sued. Unfortunately, in Kentucky, it is possible for a creditor to sue you and, even if you are never served with the lawsuit papers, obtain a judgment against you. This is done through the process of a Warning Order Attorney being appointed by the court to notify you of the lawsuit. If the Warning Order Attorney reports to the court they have attempted to locate you, but can’t, then the creditor may be able to have the court enter a judgment against you. Also, if you don’t respond to court papers that are, in fact, served on you, the creditor can also obtain a default judgment against you and begin garnishment of your paycheck and bank account without your knowledge.
If garnishment has started, it is important to immediately call an attorney to see what your rights are. You may want to consider bankruptcy as an option. The filing of bankruptcy will stop any and all garnishments and, in the case of chapter 7 bankruptcy, discharge the remaining debt owed to that creditor.