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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 32411
Experience:  JD, BBA Over 25 years legal and business experience.
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how long after a judgment is received can someone file a wage

Resolved Question:

how long after a judgment is received can someone file a wage garnishment order? If creditor makes monthly installments, can an wage garnishment still be enforced?
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

How long after a judgment was obtained is the creditor attempting to garnish the debtor's wages?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.
The judgment in Arizona was made on May 15, 2013.
Customer: replied 1 year ago.
The judgment in Arizona was made on May 15, 2013. I owe $1,650 for court fees ONLY.
Expert:  Tina replied 1 year ago.
I see. Thank you for clarifying this for me, Deborah. I am working on your answer now.
Expert:  Tina replied 1 year ago.

An AZ judgment is typically effective for 5 years from the date the judgment is entered, so the creditor would have the ability to garnish the debtor's wages during that time, whether or not the debtor makes additional payments on the judgment, until the judgment is satisfied.

It should be noted also that a judgment creditor can renew the judgment if they file a request for renewal with the court before the 5 year period lapses. Therefore, a garnishment could continue beyond the 5 year period if the judgment is not satisfied within that period of time.

Here is a link which summarizes the law on this issue:

http://www.guywbluff.com/areas-of-practice/collections/arizona-judgments-expiration-practice-and-procedure-for-renewal/

The creditor can voluntarily agree to refrain from obtaining a garnishment if the debtor makes payments on the debt. The debtor also typically has the option of seeking bankruptcy protection to discharge the debt and avoid a garnishment.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.
If I make $25.00 per month installments and pay off the judgment before the 5 year term will this satisfy the court ... or can the creditor still enforce a garnishment order? Also -- if the amount is less than $500 -- will the court still accept garnishment enforement or writ of summons?
Expert:  Tina replied 1 year ago.
Hello again, Deborah.

Yes, the creditor can still enforce a garnishment order even if the debtor is making payments, unless the creditor agrees in writing to accept the payments in lieu of obtaining a garnishment. A garnishment can be obtained whenever there is a balance remaining on the judgment typically, so a court would normally grant a garnishment even if the balance owed is less than $500.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.
Ok. That helps. So a wage garnishment can be filed even one day after the judgment? How much will it cost the creditor to file a wage garnishment? Can I be accountable to pay this also?
Expert:  Tina replied 1 year ago.
Hello again, Deborah.

Unless the court's order indicates that you are liable for post-judgment costs, you would not typically be responsible for paying those. There is no fee for the creditor to file a wage garnishment typically, but they will likely incur administrative costs and attorneys fees in filing and obtaining the order, which could be around $300 or so.

A wage garnishment may be obtained after a final judgment has been entered typically, so they could file for that at any time now since a judgment has been entered and the time for appeal appears to have lapsed.
Customer: replied 1 year ago.
Tina, Thank you! The judgment DOES NOT hold me accountable for paying post-jugment costs (onlyXXXXXcosts) -- so I will not be responsible for any costs he may incur if he files the wage garnishment? It appears, the process is quite extensive - may be costly for him if he decides to go this way, especially if I am making monthly installments. Thoughts?
Expert:  Tina replied 1 year ago.
Yes, if you are making monthly payments, there is some incentive for them not to pursue a wage garnishment order. You might want to negotiate a payment arrangement in lieu of garnishment if they appear willing to do that.

Right, you should not be liable for any post-judgment costs if the court's order does not include that.

Good luck to you and hope you are able to come to a mutually satisfactory arrangement with the creditor.
Tina, Lawyer
Category: Legal
Satisfied Customers: 32411
Experience: JD, BBA Over 25 years legal and business experience.
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