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Good afternoon. Here's how it works. Once you win a judgment, you become the prevailing party. The prevailing party returns to court with a motion to execute judgment and ask to examine the defendant’s financial and personal information to ascertain their employer and the location of any property or bank accounts. Once the prevailing party obtains that information in the court, the prevailing party would ask the court to issue an order of garnishment/seizure in order to satisfy the judgment. The court will then issue the order and the clerk will have the forms to serve on the banks or the employer. The writ of garnishment
allows you to garnish your debtors wages to collect your judgment. A writ of levy will allow you to attach his bank accounts.
With regard to garnishing his wages, Title
III of the Consumer Credit Protection Act protects employees
by limiting the amount of earnings that may be garnished in any workweek or pay period to the lesser of 25 percent of disposable earnings or the amount by which disposable earnings are greater than 30 times the federal minimum hourly wage prescribed by Section 6(a) (1) of the Fair Labor Standards Act of 1938. This limit applies regardless of how many garnishment orders an employer receives. An employee’s "disposable earnings" is the amount of earnings left after legally required deductions (e.g., federal, state and local taxes; Social Security; unemployment insurance
; and state employee retirement systems) have been made. Deductions not required by law (e.g., union dues, health and life insurance
, and charitable contributions) are not subtracted from gross earnings when the amount of disposable earnings for garnishment purposes is calculated.
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