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mmdesq
mmdesq, Attorney
Category: Bankruptcy Law
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Experience:  Attorney with 13 years experience.
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Im pursuing a civil judgment for an intentional tort against

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I'm pursuing a civil judgment for an intentional tort against 2 people. When it comes time to collect Id like to be informed of my options. I understand that if their wages are garnished they are left with money to live on. How much are they given to live on? Is it based off poverty level, a percentage of income, or what? Also, if I get an orders of examination can I make them sell their snowmobiles, motorcycles, extra vehicles, etc?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  mmdesq replied 2 years ago.

mmdesq :

Once you have a judgment you then have powers of execution (collection). You should do interrogatories in aid of execution right after obtaining your judgment. These are written questions regarding there assets and income. I would also then recommend doing depositions in aid of execution. This is where a party can ask oral questions under oath regarding assets and income. Usually this is used as a method to follow up on the items identified in the Interrogatories that need clarification. Once you know what assets and income you are dealing with and where located you can then execute via garnishments to third parties (bank accounts, investment accounts, etc.) and also sheriff sales of personal property (snow mobiles, motorcycles, extra vehicles, etc.) and or real property. You need to be cautious with bankruptcy and remember debts incurred as a result of intention torts are arguably not dischargeable. I hope this helps.

Customer:

How much are they given to live on in garnishments for WI? The reason for garnishment is intentional tort-battery. Doesn't this make it subject to 50 or 65% of their income?

mmdesq :

It is 50% percent of income. You have to remember thought that I am suggesting you garnish from a bank account as opposed to an employer paycheck. The bank is not subject to percentage, but instead exemptions which are more favorable.

Customer:

Thank you for your excellent advice. Can you tell me more about garnishing from a bank account? I understand normally retirement is protected, but is there an exception where I can liquidate his retirement due to the intentional tort of battery?

Customer:

Also, intentional torts are arguably not dischargeable under bankruptcy. How can I protect myself to make sure that he is not able to include it?

mmdesq :

You can go after retirement accounts once the person is 591/2 years old. If he/she would file bankruptcy you would have to file an adversarial complaint opposing dischargeablility based on fact that it was an intentional tort.

mmdesq, Attorney
Category: Bankruptcy Law
Satisfied Customers: 109
Experience: Attorney with 13 years experience.
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