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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19472
Experience:  B.A.; M.B.A.; J.D.
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The Court adjudicated a judgment in my favor against an individual

Customer Question

The Court adjudicated a judgment in my favor against an individual who owns rental income property. She did not appeal the judgment, and the 30-day period to do so has passed. I want to garnish the rental income from one of her properties (I know I need to file for a Writ of Execution). The property is managed by a professional property management company, who collects the rent from the tenants. My question: When the Sheriff serves the Notice of Garnishment, can they serve it on the proprty manager, or must it be served directly on the tenant? Thank you.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 2 years ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
he Court adjudicated a judgment in my favor against an individual who owns rental income property. She did not appeal the judgment, and the 30-day period to do so has passed. I want to garnish the rental income from one of her properties (I know I need to file for a Writ of Execution). The property is managed by a professional property management company, who collects the rent from the tenants. My question: When the Sheriff serves the Notice of Garnishment, can they serve it on the proprty manager, or must it be served directly on the tenant? Thank you.
Response: On the individual unless the individual has a registered agent for service of process. If so, the writ must be served on the agent. For how to obtain Writ of Execution, click on the link below:
http://cc-courthelp.org/index.cfm?fuseaction=Page.viewPage&pageId=4793