A Garnishment Attorney should be consulted immediately if you have been served with a writ of garnishment. A garnishment is a means of collecting on a money judgment against an Individual by ordering a third party (the garnishee) to pay money, otherwise owed to the Individual, directly to the plaintiff.
There are three common types of garnishments, Wage Garnishments, Bank Garnishments, and Tax garnishments. Wage garnishments can be a shocking and traumatic event; suddenly 25% of your income disappears. Worse yet this can inconvenience your employer or others with whom you are dealing. Tax income Refund/Credit Garnishments, as with wage garnishments too can be taken to help satisfy a money judgment.
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Bank garnishments are also likely to be effective against many individual debtors, and as such your bank account can be taken to help satisfy a money judgment.
If you have been served with a writ of garnishment, object to the writ and a writ of garnishment has been awarded, it is very hard to undo, but not impossible. We can file an objection with the court however an objection must be based on the one or more of the following:
o the funds or property are exempt from garnishment by law
o garnishment is precluded by the pendency of bankruptcy proceedings
o garnishment is barred by an installment payment order
o garnishment is precluded because the maximum amount permitted by law is being withheld pursuant to a higher priority garnishment or order
o the judgment has been paid
o the garnishment was not properly issued or is otherwise invalid
It should be noted that your wages, paycheck or bank account can only be garnisheed if a judgment is taken against you.
If you are garnisheed, it is not necessarily too late to protest the original debt or other obligation. If you are unaware of a judgment, or failed to defend a lawsuit in a timely manner, you should consult with a Garnishment Attorney immediately.
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