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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 46290
Experience:  Attorney with 29 years of experience.
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Cut to the chase. A person owes me money. He has written

Customer Question

Cut to the chase. A person owes me money. He has written he does owe it. I won the judgement. Told my lawyer he wants to make payments on it. But doesn't. What is a writ of garnish? Need your take on this. Please help.
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

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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Customer: replied 1 year ago.

So, I have won the judgement. I am the prevailing party. Do I have to go to file another judgement on this person to collect on the judgement? If that is what you are saying, then I have to have 2 judgements?

Expert:  Richard replied 1 year ago.
Thanks so much for replying. You do not need to get another judgment. Now you are simply seeking a debtor's examination which forces the losing party to meet you in court and answer questions under oath about his assets. Then the court issues you the writ of garnishment and/or writ of levy so you can go take his wages and/or assets to collect your judgment.
Customer: replied 1 year ago.

OK. Getting it. This sure gives him time to turn his assets over to someone else and then put back in. What happens if he does that during this time? And what happens if he doesn't pay up with this garnishment/levy? Or, has more money in the future?

Expert:  Richard replied 1 year ago.
If he were to transfer assets to avoid paying the judgment, he would be committing fraud under the Uniform Fraudulent Conveyance Act and such transfers would be revoked. Once you garnish and/or levy, it's beyond his control....rather, the employer and bank are legally obligated to release the money to you directly.
Richard, Attorney
Category: Legal
Satisfied Customers: 46290
Experience: Attorney with 29 years of experience.
Richard and 4 other Legal Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help!

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