Garnishment or Seizure of Bank Accounts by Creditors

If you owe money to a creditor (or debt collector), it can obtain a money judgment against you and have the funds in your bank account frozen and paid over to them. If a creditor takes you to court to recover any money owning to them, and wins, the court will issue a judgment. If you still fail to pay the amount the court ordered you to pay, the creditor can then ask to court to issue a’Writ of Garnishment.’

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How do I obtain a wage garnishment against a judgment debtor?

Wage garnishment is a commonly used method when a judgment debtor is not paying what they owe. When a wage garnishment is put in place the employer of the judgment debtor is directed to withhold a portion of the judgment debtor’s wages earned and to make this payment directly to the judgment creditor. In order to understand and obtain a wage garnishment, consult a collections attorney.

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What types of property are exempt from execution and levy?

Each state has its own laws which exempt certain property from being subject to execution and levy. However, it is important to note that even within these exemptions, there are exceptions to these exemptions and they vary by state. Your home, or’homestead property,’ always falls into this exemption, but may depend on what type of judgment is being enforced.

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Wage Garnishment Laws and Procedures

Wage garnishment can be a valuable resource for creditors, they can attach wage garnishments to a debtor’s paycheck when the debtor is otherwise unable or unwilling to pay his or her bills. However, the process for attaching a wage garnishment is typically used as a last resort. All other attempts to collect the monies owed will be used first because the process of garnishing wages is expensive and time-consuming for the creditor.

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How to Avoid Wage Garnishment

Wage garnishment is extremely unpleasant. If a wage garnishment action is brought against you, this means a creditor has gone to court and proven to the court that you aren’t paying back your debt. Fortunately, you do have alternatives to wage garnishment if you are proactive and take the right steps.

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How can I enforce a judgment against a judgment debtor in another state?

Once a money judgment has been issued, the judgment creditor tries to get the judgment debtor to voluntarily pay the judgment. If a judgment debtor does not cooperate, the judgment creditor determines what property the judgment debtor owns; if it is located in another state, the judgment creditor may need a sister-state judgment issued by a court in the state in which the property of the judgment debtor is located.

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What is Wage Garnishment?

A wage garnishment is a legal process whereby the court orders your employer to withhold a portion of your earnings each pay period to pay off a debt. The law sets forth the maximum amounts that can be garnished, designate specific procedures concerning child support and alimony payments, and stipulate that it is illegal to fire an employee who requires wage garnishment.

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How do I execute and levy against property owned by a judgment debtor?

Under execution and levy, property owned by the judgment debtor is taken and either delivered to the judgment creditor or sold with the proceeds of the sale delivered to the judgment creditor. Since a judgment creditor should never personally take property away from a judgment debtor except with permission, the judgment creditor must take certain steps and get the assistance of law enforcement personnel to perform the levy.

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