How doI collect on a default judgement if money is already being taken out of the garnishee’s paycheck for child support?

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How doI collect on a default judgement if money is already being taken out of the garnishee’s paycheck for child support?

I filed a small claims and won by default because he never showed up. He never sent in the wage paper so I filed a garnishment to his employer. I paid the required $15 and sent him and his employer all the required paperwork. I received the Garnishee Answer to Creditor sheet back from his employer. The only thing marked was # 2 under letter B that he had child support all ready being taken out at the amount of $84.37. Then “Reduced to the amount allowed by law” was checkmarked. On another piece of paper it showed his earnings for 03/03/10 to be $190. His net was $73.65 so I got nothing. They cashed my $15 check and I still haven’t received anything. I thought they would have to send something for the next 13 weeks. He has another job but they pay cash so he doesn’t have to report it.

Asked on December 26, 2010 under Bankruptcy Law, Wisconsin

Answers:

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

Answered 11 years ago | Contributor

The law protects the debtor from having his or her entire paycheck garnished by multiple judgements in setting a specific percentage that is permitted to be taken out by law.  You can not leave a person with nothing to live on, even if they owe a million people. And child support will take priority over other judgements rendered.  There are other methods of collection besides garnishment. You can levy against a bank account; you can file a lien against real property and you can request help from the Sheriff or Marshall in levying against personal property and selling it to pay off the judgement.  Get help with these other methods of collection.  Good luck.


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