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Yes, although the creditor would need to follow the proper legal procedure which is usually a civil suit against the debtor in a court in the county where the debtor resides. If the lender is awarded a judgment the judgment can then be executed as a wage garnishment.
The percentage of garnishment is the same regardless of the garnishee's status. The maximum garnishment if 25% of disposable income, If the debtor makes less than $290 per week that amount is exempt from attachment. If the debtor makes more than stated weekly amount $217.50 is exempt from garnishment. In addition if the garnishment law of the state where the debtor resides is less than the federal allowance of 25% the lower percentage is used.
Creditors usually don't file garnishment unless you miss payments. If you make payments on time there's no reason to file. They have to have a reason before the garnishment can happen.
Florida does allow wage garnishment for creditor debt. However, if the debtor qualifies as "head of household" the garnishment is difficult to enforce unless the debtor earns a substantial income. (Florida Statute, Chapter 77, 221.11)
Simple version: The creditor sues the debtor and is awarded a judgment. The creditor executes the judgment as a wage garnishment. The garnishment papers are served on the garnishee's employer. The employer withholds the amount stated in the garnishment order from the named employee's wages until the debt is satisfied or the garnishment order is no longer valid.
If you have a court judgement and the debtor receives a regular wage garnishment is possible. Give the sheriff or local official the information on where the debtor works and they will collect the garnishment and forward it to you.
Yes a writ of garnishment can be served to a bank. A writ of garnishment is a process that allows a creditor to seize the property of a debtor.
You can only conduct a wage garnishment in the state where the judgment was entered. If the debtor lives in another state, you will need to register the judgment where the debtor lives and use the laws of that state to start the wage garnishment.
Yes, although the creditor would need to follow the proper legal procedure which is usually a civil suit against the debtor in a court in the county where the debtor resides. If the lender is awarded a judgment the judgment can then be executed as a wage garnishment.
The sheriff is not the person that the debtor needs to contact. The debtor must send their response to the court that issued the garnishment order. In many cases the judge will amend a garnishment amount if the debtor qualifies as "head of household" and can prove the original percentage constitutes a hardship to the family. Bear in mind that under federal law the first $154.50 (based on weekly pay) is exempt from garnishment.
The percentage of garnishment is the same regardless of the garnishee's status. The maximum garnishment if 25% of disposable income, If the debtor makes less than $290 per week that amount is exempt from attachment. If the debtor makes more than stated weekly amount $217.50 is exempt from garnishment. In addition if the garnishment law of the state where the debtor resides is less than the federal allowance of 25% the lower percentage is used.
A civil suit after a judgment is obtained but not before can definitely result in a garnishment of the judgment debtor's salary. That is one of the most widely used methods of collecting on a judgment when the debtor does not have assets from which to pay the debt.
File suit against the debtor in the appropriate state court in the county where the debtor resides. If the plaintiff wins a judgment they can execute the judgment as a wage garnishment against the debtor. New York allows a maximum of 25% garnishment of disposable income by a judgment creditor.
RODHOOK
Creditors usually don't file garnishment unless you miss payments. If you make payments on time there's no reason to file. They have to have a reason before the garnishment can happen.
The creditor will need to sue the debtor in his or her state court to obtain a writ of judgment that can then be executed as a wage garnishment against the debtor in the debtor's state, (in this case, Georgia). Even in cases where the lender chooses and wins arbitration, a civil judgment must be obtained from the state court in the county where the debtor resides and must be executed in the manner allowed under the laws of the debtor/s state.
No.