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J.Hazelbaker
J.Hazelbaker, Attorney
Category: Business Law
Satisfied Customers: 4385
Experience:  Experienced and trained in the area of business law.
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Suppose I have a garnishment against someone. Am I allowed

Resolved Question:

Suppose I have a garnishment against someone. Am I allowed to garnish their clients if they won't pay me? For example, consider the following humorous scenario. Suppose I have a garnishment against McDonalds fast food restaurants. McDonald's won't pay me so I get a writ of garnishment to be served against XXXXX XXXXX, a client I know comes into McDonald's every morning for breakfast. Every morning he buys $20 worth of McDonald's breakfast food. Am I allowed to serve XXXXX XXXXX this writ every morning to garnish $5 per day of the money he pays McDonald's?
Submitted: 5 years ago.
Category: Business Law
Expert:  J.Hazelbaker replied 5 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Under very limited circumstances, a court order can be obtained under Utah law that can force a client to pay a third-party creditor.

J.Hazelbaker :

It is very rare.

J.Hazelbaker :

However, Utah law does provide for the garnishment of income of a business entity.

J.Hazelbaker :

And, in most cases, such as in the McDonald's case, a bank garnishment is used.

Customer:

How is that different? Do you mean bank account income?

J.Hazelbaker :

It can occur in two ways.

J.Hazelbaker :

First, the members of the LLC are served with a garnishment order mandating that any "draws" taken by the specified member be paid over to the garnishor.

J.Hazelbaker :

Second, a bank levy/garnishment where funds are taken from the bank account.

J.Hazelbaker :

The bank levy is far more common.

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