The contestant’s faces on Dancing with the Stars

Susan Creaser is a single mom who has just learned that her wages have been garnished for failure to
repay a debt she owes – she bought a new 65″ 4K TV on credit so that she could see every bead of sweat drip down the contestant’s faces on Dancing with the Stars.

She had been making regular payments on the debt but fell behind when the youngest of her three children became ill, requiring her to pay for some unexpected medical expenses.

The medical crisis is now over and Creaser can get back on track toward continued repayment of the debt. She has even managed to save a little bit of money to pay toward the debt at the end of the month, but now that her wages have been garnished
she is unable to support her three children. She is very scared.
The senior partner at the law firm where you work shows you a notice of the decision made by a court
clerk to garnish Creaser’s wages.

In an interview with Creaser, the partner had asked if this was the
first she had heard about the garnishment, and Creaser said no – she had received a letter telling her
the reasons why they might garnish her wages along with a copy of the plaintiff’s complaint. The letter
explained that her wages would be garnished in 7 days, but that she was welcome to submit a written
response, no greater than five pages, to respond to the reasons given for the garnishment.

Creaser did
write something up and submitted it, but it was obviously unpersuasive because she got the notice of
garnishment shortly after that.

She was never given an opportunity to call witnesses or make her case
in person. She is very grateful that the firm has agreed to represent her in the debt collection lawsuit
the creditor filed. The senior partner asks if it is worth the firm’s time to challenge the state’s
garnishment procedure as a violation of the 14th Amendment’s Due Process Clause.

HYPOTHETICAL STATE STATUTE
1. Debt collection suit is filed and plaintiff receives
garnishment order from court clerk
2. Notice. Plaintiff must provide defendant a statement
of reasons, as well as serve a copy of the complaint at
least 7 days prior to any garnishment of wages.
3. Allow defendant to submit a maximum five-page
written response showing that there is strong likelihood
the plaintiff is not entitled to garnishment.
5. Notice of the decision provided to defendant and wages
garnished.

6. Defend the debt collection suit