Can a creditor garnish the debtor’s mortgage payment at the mortgage bank?

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Can a creditor garnish the debtor’s mortgage payment at the mortgage bank?

I have a judgment against a slick debtor in GA. He has no bank account but is on the house deed with his wife as well as the mortgage. Since he does not have a bank account that I can garnish, I would like to know if I can garnish the mortgage payment as his name is associated with same. Even if I must do a continual garnishment and receive only 25%, it may make the debtor come forward and pay the entire debt so as to avoid the hassle.

Asked on August 24, 2010 under Bankruptcy Law, Georgia

Answers:

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

Answered 10 years ago | Contributor

No, I do not believe that you can intercept his mortgage payment in that way.  You are attempting to garnish it but the mortgage company is not PAYING him, they are RECEIVING the payment.  Does he work?  Do you know where he works? Can you garnish his salary?  Otherwise you mentioned the property he owns.  You can definitely file a lien against the property but I am sure that you are aware that it will sit until the property is sold (sometimes creditor try and force sales but the likelihood varies widely). You can also execute on a judgement by having a Marshal sell his personal property. That may get him moving.  Good luck.


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