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Writ of Garnishment Questions

A lawyer explaining a writ of garnishment document to a client A writ of garnishment is a court order that allows creditors to legally garnish a person’s wages and/or bank accounts. Once creditors obtain a writ of garnishment, they must then hire someone to serve the notice to the debtor’s employer. The employer is legally bound by the court order and must withhold a percentage of the debtor’s wages and release that money to the creditor. There are many questions about your rights that can arise when a person’s accounts and wages have been garnished. Many people don’t know what to do or who to turn to for answers. Lawyers on JustAnswer can answer any questions that you may have related to writ of garnishment. Take a look at five of the top writ of garnishment questions answered by the Experts.

Is it possible to stop a writ of garnishment?

There are a couple of things you could try to stop a writ of garnishment. Both options may be difficult but it is possible to stop a writ of garnishment. Your first option would be to go to court. You may be able to have the writ of garnishment reversed if you can prove that there was an error in the process. You will need an attorney to file the motion and represent your arguments to the court.

Another option would be to contact the creditor who holds the writ. It may be possible to come to an agreement with the creditor and keep them from enforcing the writ. However, once the creditor holds the writ, there isn’t much that you can do if they choose to enforce the garnishment. You could offer to pay the majority of the debt off in cash; the creditor may be willing to work with you.

Is it legal for a bank to freeze an account if they receive a writ of garnishment?

It is usually legal for a bank to freeze an account if the bank has received a writ of garnishment. The writ of garnishment is a court order and the bank has to comply. If the bank is ordered to freeze the account, they have to comply until they have word to the contrary from the court. Once the bank receives a notice from the court, they will follow through with any instructions that the court has set aside. Many people feel blindsided by their bank for freezing an account. You need to remember that your bank is not in the position to determine if the writ of garnishment was properly issued.

What can a person do if a writ of garnishment was placed on an account and money removed without notice?

If a writ of garnishment has been placed on an account, there is likely to have been a judgment involved. If money was removed from an account without any notification to you, this usually means that you had not been notified of the lawsuit. You should go to court and ask the court clerk to file a motion to lift the restraint and vacate the judgment. Usually, a judge will allow the motion if you can prove that you have not been notified of any lawsuit or judgment.

What is a stay of execution on the writ of garnishment?

A stay of the writ of garnishment is something that can be granted by the judge and the stay means neither side can touch any money. The stay will keep a plaintiff from having the sheriff remove a portion of your wages directly from your employer or withdraw money from your bank account. Usually, the stay is put into place to protect all parties involved and will be reviewed by the judge during another court hearing.

If an employer receives an order quashing the writ of garnishment, does this mean that the collection is dropped or the employer is now responsible for the debt?

When an employer receives an order quashing writ of garnishment, it is a notification that the writ of garnishment has ended. This generally means that the writ was ineffective in seizing funds for the debtor. This is not a notice to the employer that they are responsible for any debt, but simply a notice that the writ of garnishment is no longer effective.

There is nothing more frustrating than having your bank account frozen due to a writ of garnishment. Many people depend upon their bank accounts for daily living expenses and don’t know what to do when they cannot access their own account. If you find yourself in a sticky situation like this, you can take your legal questions to Lawyers on JustAnswer. The Experts can answer any question that you have related to writ of garnishment in an efficient and knowledgeable manner.
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