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I am a landlord who got a judgement against a tenant upon…

Customer Question
Hi. I am a...

Hi. I am a landlord who got a judgement against a tenant upon eviction and would like to garnish her wages. I am in Georgia; her employer Is a major medical company in Indiana. I also have her checking account info. Was wondering: 1) if I want to garnish her checking account, do I serve (have to have served by law enforcement?) the local branch of the bank? Main headquarters? And if I have to serve a company out of state, how is that arranged for? (Filing & service). Also, do you have to notify a debtor when you garnish them (if so, how & when?) Thank you so much

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

We live (& case was) in Georgia. (Employer based out of Indiana. Bank, Chase, not sure just yet where headquarters are.)

Lawyer's Assistant: Has anything been filed or reported?

I won a judgment in court for $3k. Now have to collect.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Don't think so

Submitted: 9 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
9/18/2017
Lawyer: philip.simmons, Lawyer replied 9 months ago
philip.simmons
Category: Landlord-Tenant
Satisfied Customers: 37,254
Experience: 10 years experience in the law
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Lawyer: philip.simmons, Lawyer replied 9 months ago

Can you tell me, was the judgment issued by a GA court or IN court? And what state does she live in?

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Customer reply replied 9 months ago
The tenant & I both live in GA, judgment was issued by a GA court, tenant works in GA, but employer is based out of IN. (Also wanted to attempt to garnish her bank account at Chase.)
Lawyer: philip.simmons, Lawyer replied 9 months ago

And the bank (the Chase account)...is that in GA as well?

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Customer reply replied 9 months ago
Chase bank is based out of NY but there are branches throughout the country
Customer reply replied 9 months ago
my credit card company just texted me a fraud alert, wanting to verify this charge to y'all for $59. I approved it so it should go through now.
Customer reply replied 9 months ago
Hello?
Customer reply replied 9 months ago
ok. good talk. please cancel my membership
Lawyer: philip.simmons, Lawyer replied 9 months ago

Sorry...I misread your last post...I was under the impression you wanted to cancel your membership and end your time with this website...but I just learned you have more questions

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Lawyer: philip.simmons, Lawyer replied 9 months ago

So what is the question...are you asking how to seek enforcement of judgment?

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Lawyer: philip.simmons, Lawyer replied 9 months ago

Can you tell me

1. How long ago was the judgment issued?

2. Was this a small claims court judgment (this is called Magistrates court in GA)? Or did you go to the general jurisdiction court (civil court, with an attorney)?

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Customer reply replied 9 months ago
Magistrate court (Douglas count) obtained Aug 14, 2017
Lawyer: philip.simmons, Lawyer replied 9 months ago

Thanks
And have you filed a motion with the court to seek enforcement of the judgment?

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Customer reply replied 9 months ago
No
Customer reply replied 9 months ago
Didn't know I needed to.The exact process is what I need, please!
Lawyer: philip.simmons, Lawyer replied 9 months ago

Sorry...I am being called away...I will opt out to allow other experts to assist

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Lawyer: Law Educator, Esq., Attorney replied 9 months ago
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 125,292
Experience: Attorney with over 24 years experience.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a DIFFERENT CONTRIBUTOR, as your previous contributor left.

You need to file a Motion for Writ of Fi Fa (see: https://www.gwinnettcourts.com/magistrate/civil-fifa-forms copy and paste link to browser, do not click on it). In that you can ask the court to order wage garnishment and seizure of bank accounts as well as part of the Fi Fa execution on judgment.

Here is a simple instruction packet for enforcing judgments as well, again copy and paste link do not click it, http://www.waltoncountyga.gov/fileadmin/files/sitecopy/MagCt/documents/civiljudgmentprocedures_001.pdf

Yes, I know the forms are from one county and instructions from another county, but the county does not matter, the process in all the GA courts is the same and for the forms you just type in your proper county on them for the court.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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