As a judgment creditor, can I file a garnishment on any judgment that my debtor is awarded?

Defendant refuses to pay me but has an ongoing case with a bank in court now. I just wondered if I could file a garnishment with court against him if he wins in his case against the bank or can I file a garnishment against his bank account? He stated in the motion, that the bank illegally closed his account and breached on a separate agreement to settle with him.

Asked on March 13, 2011 under Bankruptcy Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a judgement creditor you can collect your judgement by any means permitted under the law in your state.  So while filing in court while there is a pending case would really be intervening in the case and you would have no standing to do so, you could file the judgement in the county clerk's office or with the bank itself since you know where it is locate.  You can also have the Sheriff involved with marshaling the personal assets of the plaintiff in the bank action (debtor here).  And you can garnish wages (up to a certain amount by statute).  Look under your state collection laws.  Good luck to you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.