In order to pursue a garnishment, a creditor must first obtain a judgment. A judgment is a court act creating or affirming a debt obligation. After 21 days of getting the judgment, the creditor can file a “Request and Writ for Garnishment.”
Once signed by the court, this Request and Writ is served on the “garnishee”. A garnishee is someone who has control over money that is paid to the creditor such as an employer, bank, tenant or Department of Treasury. Upon receipt, the garnishee must serve a copy on the debtor and make a “disclosure” to the court and parties about any money of the debtors that they control.
If money is available, it will be withheld from the debtor right away. However, this money is held for 28 days to allow the debtor time to file objections. If there are no objections, the withheld money will be automatically sent to the creditor at 28 days.
What Can a Creditor Garnish and How Much Can They Take?
The most common forms of garnishment are:
– Wage Garnishment: 25% of your net pay can be taken each pay period until full payment is made for the judgment amount plus any subsequent late fees, interest charges and legal fees.
– Bank Account: Your creditor has the right to garnish your entire bank account to satisfy the judgment.
– State Income Tax Refunds: Your state tax refund can be completely given to your creditors year after year until the judgment debt and subsequent fees are fully satisfied.
The bottom line is that once a garnishment is in place, you are not in control of how and when your creditors get paid. However, you can take back to the control by filing a Chapter 7 fresh start to eliminate the debt altogether or a Chapter 13 debt consolidation plan to set up a repayment plan on your terms and ability to pay. Also, you can do debt settlement. Law Office of Malik W. Ahmad can help achieve all these goals for you. You can reach attorney Malik W. Ahmad directly at his phone number (702) 270-9100. www.fastbankruptcynevada.com
Get Debt Resolution
However, all these things can be overwhelming. You still have a problem. the elephant is sitting in your living room and won’t go away. Don’t ignore the problem, We help clients legally stop garnishments by eliminating the debt with a Chapter 7 or consolidating the debt with a Chapter 13. Call Attorney Malik W. Ahmad at (702) 270-9100.