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If you owe money to a creditor (or debt collector), it can obtain a money judgment against you and have the funds in your bank account frozen and paid over to them. If a creditor takes you to court to recover any money owning to them, and wins, the court will issue a judgment. If you still fail to pay the amount the court ordered you to pay, the creditor can then ask to court to issue a’Writ of Garnishment.’
→ Read MoreEach state has its own laws which exempt certain property from being subject to execution and levy. However, it is important to note that even within these exemptions, there are exceptions to these exemptions and they vary by state. Your home, or’homestead property,’ always falls into this exemption, but may depend on what type of judgment is being enforced.
→ Read MoreWage garnishment is an unfortunate reality for some people in trouble with debt collectors. But you still have legal rights.
→ Read MoreOnce a money judgment has been issued, the judgment creditor tries to get the judgment debtor to voluntarily pay the judgment. If a judgment debtor does not cooperate, the judgment creditor determines what property the judgment debtor owns; if it is located in another state, the judgment creditor may need a sister-state judgment issued by a court in the state in which the property of the judgment debtor is located.
→ Read MoreA wage garnishment is a legal process whereby the court orders your employer to withhold a portion of your earnings each pay period to pay off a debt. The law sets forth the maximum amounts that can be garnished, designate specific procedures concerning child support and alimony payments, and stipulate that it is illegal to fire an employee who requires wage garnishment.
→ Read MoreUnder execution and levy, property owned by the judgment debtor is taken and either delivered to the judgment creditor or sold with the proceeds of the sale delivered to the judgment creditor. Since a judgment creditor should never personally take property away from a judgment debtor except with permission, the judgment creditor must take certain steps and get the assistance of law enforcement personnel to perform the levy.
→ Read MoreFind the right lawyer for your legal issue.
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