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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I am low income ready to garnish a company through its bank

Customer Question

I am low income ready to garnish a company through its bank account. how do I notify the owner before I
apply for the garnishment prior to presenting it to the bank without having the owner withdraw funds
out of his account or switch banks?
Submitted: 2 years ago.
Category: Legal
Expert:  CalAttorney2 replied 2 years ago.
You don't tell the debtor prior to a bank garnishment.Go to the court and apply to the court clerk for a "writ of garnishment"Then either pay a process server or have a licensed process server (usually the fastest way to do this) or your sheriff's civil division serve the writ on the financial institution.The bank will withhold the funds in the account as soon as the writ is served ("executed").After it is executed, the writ is then served on the debtor and the debtor has an opportunity to file for an exemption to the writ (if they are a company - there really aren't any exemptions that will apply).After the period for exemptions pass, the levying officer (process server or sheriff) will forward the funds from the bank to you, minus whatever fee is due for their service.