A writ of garnishment is a way to collect funds that are owed to you from a judgment or court order. If you are attempting to collect on a judgment against someone, a writ of garnishment is often the next step. There are two types of garnishment: continuing garnishment where you pull funds from a paycheck, and non continuing garnishment where you can obtain a one-time lump sum.
In a writ of garnishment, there are three primary parties. The creditor (you), the debtor (the person who owes you money), and the garnishee (third party, bank, employer, etc.). All states have different processes, but most processes are very similar. When filing a writ of garnishment, first locate all of the assets. Next, begin preparing the writ of garnishment. The courts cannot help you with preparing your documents or provide legal advice, they can only file the documents. Make sure you get good legal advice before proceeding. Make sure the garnishment is prepared properly to avoid the garnishee denying the request for garnishment.
Once the writ of garnishment has been created, it must be sent via mail to the debtor and garnishee for notification and the chance for them to object. If not contested, the writ of garnishment may proceed. The forms must be served by a sheriff to the garnishee in most states. Once the judgment is satisfied, the creditor will not be eligible for more funds from the garnishment. Always make sure to get good legal advice and a professional asset search prior to filing your writ of garnishment.
