Non-Judicial Garnishments
By Nicholas Ortiz, Boston Bankruptcy Attorney on Oct 11, 2007 in General Bankruptcy Information
In Massachusetts ordinary creditors can not garnish wages without obtaining a judgment and court permission. However, certain creditors like student loan lenders and the government can, in some circumstances, garnish without going to court. The Massachusetts Department of Revenue can collect back child support owed by levy on bank accounts, insurance contracts, securities, mutual funds, and other property of the debtor without court approval. See M.G.L. c. 119A, § 6. Under federal law, student loan servicers can use garnishment against the pay of an individual who is delinquent on certain student loans. See 20 U.S.C. § 1095a.
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