Results 1 to 7 of 7

Hybrid View

  1. #1

    Default What Does a Creditor Need to Do to Garnish One's Pay and Bank Account

    I know they need to get a judgement, but would like some clarification on what they need to do afterwards. I've read they need to get the court to grant garnishment for the bank account, but also read they just need to take the judgement to a sheriff and have it served to one's employer.

    Does a creditor just need a judgement to be able to garnish one's wages? Does a creditor need a judge to grant them to garnish one's bank account?

  2. #2

    Default Re: What Does a Creditor Need to Do to Garnish One's Pay and Bank Account

    once they have a judgment.that gives them the right to go after you for assets or wages.then they would have to file a paper first to specifically garnish your wages.

  3. #3

    Default Re: What Does a Creditor Need to Do to Garnish One's Pay and Bank Account

    Quote Quoting ebonee
    View Post
    once they have a judgment.that gives them the right to go after you for assets or wages.then they would have to file a paper first to specifically garnish your wages.
    Thanks ebonee,

    I wonder how long it takes to do that after getting the judgement.

  4. #4
    Join Date
    Mar 2010
    Location
    Cleveland, Ohio
    Posts
    5

    Default Re: What Does a Creditor Need to Do to Garnish One's Pay and Bank Account

    A creditor can submit a garnishment and/or bank levy after they are awarded a judgment. If they have your banking information, then the bank will "freeze" your account (minus your state exemptions) as well as garnish your wages.

  5. #5

    Default Re: What Does a Creditor Need to Do to Garnish One's Pay and Bank Account

    Quote Quoting United Armor
    View Post
    A creditor can submit a garnishment and/or bank levy after they are awarded a judgment. If they have your banking information, then the bank will "freeze" your account (minus your state exemptions) as well as garnish your wages.
    Do they need to do anything else after getting the judgement, as far as go to court to get the right to garnish? Or can they just submit a paper to one's employer after getting a judgement to go after someone? Is that what you were saying? If it is just a simple garnishment paper, do they need to get a court to decide how much to take from one's pay? I imagine the employer doesn't just determine. I'm thinking a judge needs look at pay and bills and determine what is disposable, but I'm just guessing. Thanks for the information.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Does a Creditor Need to Do to Garnish One's Pay and Bank Account

    A garnishment order is a separate, post-judgment order issued by the court upon the request of a creditor whose judgment remains unsatisfied.

    Not all states permit wage garnishment.

    1. Sponsored Links
       

Similar Threads

  1. Garnishment and Execution: How to Garnish a Bank Account
    By Khadgerler in forum Civil Procedure
    Replies: 1
    Last Post: 05-05-2010, 06:46 PM
  2. Garnishment and Execution: Can Creditors Freeze or Garnish Paypal, or an Online Bank Account
    By flytronix in forum Civil Procedure
    Replies: 4
    Last Post: 12-21-2009, 12:21 PM
  3. Garnishment and Execution: Would Capital One Garnish Bank Account Over a $2400 Judgment?
    By Upnorth in forum Civil Procedure
    Replies: 1
    Last Post: 08-06-2008, 05:22 PM
  4. Garnishment and Execution: Finding A Person's Bank Account To Garnish
    By cookie1234 in forum Civil Procedure
    Replies: 1
    Last Post: 05-06-2008, 08:37 PM
  5. Debt Collectors: Can Credit Company Garnish MY Bank Account If Debt Is In Husbands Name?
    By askingquestions in forum Debts and Collections
    Replies: 1
    Last Post: 02-19-2008, 12:55 PM
 
 
Sponsored Links

Legal Help, Information and Resources