Summons and Complaint

• The garnishment process begins with the filing of a lawsuit after you stop paying on a credit card or other debt. A summons, which is the notice of a lawsuit, is usually hand-delivered to you by a courier. It can be delivered to you anywhere, although most couriers try your home address first. Attached to the summons is the actual lawsuit which is called a complaint. The summons requires you to appear before a judge on a certain date or to file a written response to the lawsuit within a certain period of time.
  
  

Ignoring the Lawsuit

• Some people, perhaps stressed out over their credit problems, choose to ignore the lawsuit. That is a mistake, because failing to respond results in an automatic default judgment for the creditor or debt collector. A judgment is a legal decision by the judge and requires you to pay a specific amount of money to the creditor. The creditor or debt collector wins by default because you did not exercise your right to defend yourself.
  
  

Winning in Court

• Judgments can also be won in court, with Illinois Legal Aid reporting that you are almost guaranteed to lose the case if the lawyer for the creditor or debt collector can prove that the debt is legally yours and you refused to pay it. Despite that, it is always better to respond than to allow a default judgment. Attending all court hearings keeps you informed and can tip you to possible garnishment proceedings.
  
  

Garnishment Orders

• After winning the lawsuit the creditor or debt collector can ask the judge for permission to garnish your bank account. Generally permission is granted after the creditor or debt collector informs the judge that you have failed to respond to the judgment or have refused to pay. The judge signs the garnishment order and it is sent to your bank by the debt collector if the debt collector has your banking information.
  
  

Banks Must Comply

• Your bank or credit union is not obligated to notify you about the garnishment and by law must comply with the court order. The bank will immediately freeze your account and you will not be allowed to write checks against the account or use your debit card. You will only be allowed to make deposits. Meanwhile, the creditor or debt collector will begin making electronic withdrawals from your account that can continue until the judgment is paid in full. Debt collectors usually discover your banking information by obtaining routing numbers and account numbers from checks you used to make payments while the account was active.
  
  

Ending Garnishment

• Garnishment can be halted by agreeing to pay the debt in full or through installments. As part of a written settlement agreement the debt collector will agree to end the garnishment. The bank will then remove the freeze from your account. Some people who cannot reach a settlement or have multiple garnishments resort to bankruptcy. Bankruptcy has special provisions that prohibit bank and wage garnishment.