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Who is a garnishee?
If a person has a legal financial judgment against them they can have part of their wages taken by the court. Their wages are garnished and they are the garnishee.
Can a bail bondsman garnishee wages?
no
Can a bank garnishee your wages after a repossession?
Yes
Do they have to leave you enough money to pay your bills when your wages are garnished?
Unfortunately a garnishment order does not consider the financial situation of the garnishee when executed. The state laws in which the garnishee resides determines the percentage of monies to be attached. Federal law protects the first $154.50 (weekly/40hr. based) of the garnishee's wages. Amounts above the aforementioned are subject to garnishment as allowed under the laws of the state where the garnishee works and/or resides.
What is the steps of garneshee order?
what are the stages of garnishee order
Can a wage garnishment order from a court in California State be enforced in Washington?
Collecting a judgment in another state is possible under the Uniform Enforcement of Foreign Judgments Act, which is available in 46 states. The "full faith and credit" clause of the U. S. Constitution ensures that a state must recognize the validity of a judgment rendered in another state and ensures that this right is available. Once the judgment is registered in this fashion, normal collection procedures such as wage garnishments, bank account levies and liens on real property will apply. For wage garnishment is not judgement, the underlying judgement needs to be registered in the State of Washington. The clerks of the superior courts and district courts may issue writs of garnishment returnable to their respective courts for the benefit of a judgement creditor who has a judgement wholly or partially unsatisfied in the court from which the garnishment is sought. The judgement creditor as the plaintiff shall apply for a writ of garnishment by affidavit, Stating the following facts: (1) The plaintiff has a judgement wholly or partially unsatisfied in the court from which the writ is sought; (2) the amount alleged to be due under that judgement; (3) the plaintiff has reason to believe, and does believe that the garnishee, Stating the garnishee's name and residence or place of business, is indebted to the defendant in amount exceeding those exempted from garnishment by any Statute or federal law; and (4) whether or not the garnishee is the employer of the judgement debtor. The judgement creditor shall pay to the clerk of the superior court the fee provided by the law ($20 for each garnishee named in an affidavit for garnishment), or to the clerk of the district court the fee of two dollars. A writ of garnishment directed to a bank, savings and loan association, or credit union that maintains branch offices shall identify either a particular branch of the financial institution or the financial institution as the garnishee defendant. The head office of the financial institution shall be considered a separate branch. The Statement may be incorporated in the writ or served separately. Service shall be by certified mail, return receipt requested, directed to or by personal service, in the same manner as a summons in a civil action is served, on the manager, cashier, or assistant cashier of the financial institution, except that, if the financial institution, and not a branch, is named as garnishee defendant, service shall be either on the head office or on the place designated by the financial institution for receipt of service of process. There shall be served with the writ, as part of the service, a Statement in writing signed by the plaintiff or plaintiff's attorney, Stating (a) the defendant's place of residence and business, occupation, trade, or profession, or (b) the defendant's federal tax identification number, or (c) the defendant's account number, if such information is not incorporated in the writ. A writ naming the financial institution as the garnishee defendant shall be effective only to attach deposits of the defendant in the financial institution and compensation payable for personal services due to the defendant from the financial institution. A writ naming a branch as garnishee defendant shall be effective only to attach the deposits, accounts, credits, or other personal property of the defendant (excluding compensation payable for personal services) in the possession or control of the particular branch to which the writ is directed and on which service is made. The writ of garnishment shall set forth in the first paragraph the amount that the garnishee is required to hold, which shall include the amount of the judgment remaining unsatisfied plus interest to the date of garnishment plus taxable costs and attorney's fees and the estimated costs of garnishment. Costs recoverable in garnishment proceedings include filing fee, service and affidavit fees, postage and costs of certified mail, answer fee or fees, and a garnishment attorney fee in the amount of the greater of fifty dollars or ten percent of the amount of the judgment remaining unsatisfied. The garnishment attorney fee shall not exceed two hundred fifty dollars. Service of the writ of garnishment on the garnishee is invalid unless the writ is served together with four answer forms, three stamped envelopes addressed respectively to the clerk of the court issuing the writ, the attorney for the plaintiff, and the defendant, and cash or a check made payable to the garnishee in the amount of ten dollars. If a writ of garnishment is served by mail, the person making the mailing shall file an affidavit showing the time, place, and manner of mailing and that the writ was accompanied by answer forms, addressed envelopes, and cash or a check and shall attach the return receipt to the affidavit. From and after the service of a writ, it shall not be lawful for the garnishee to pay any debt owing to the defendant at the time of such service, or to deliver, sell or transfer, or recognize any sale or transfer of, any personal property or effects belonging to the defendant in the garnishee's possession or under his control at the time of such service. This restriction does not apply to any portion of a debt that is exempt from garnishment or any funds or property in excess of the amount stated in the writ if the garnishee continues to hold an amount equal to the amount stated in the writ. When a writ is issued, on or before the date of service of the writ on the garnishee, the judgment creditor shall mail or cause to be mailed to the judgment debtor, by certified mail, addressed to the last known post office address of the judgment debtor a copy of the writ and a copy of the judgment or, if it is a district court judgment, a copy of the judgment creditor's affidavit, and the notice and claim form. Alternatively, the judgment creditor may serve the Stated documents on the judgment debtor personally. Proof of service shall be filed with the clerk of court. J
Does the employee have to be served first before they can garnishee your wages?
yes
Will SAFCO garnish your wages for a 12000 repossession?
Any lender has to get a judgment before they can garnishee anyones wages.Then the debtor has to have wages before any lender can garnishee them. It is up to the lender whether or not they go that route in the collection process.
Can an employer garnish your wages at will?
Your employer does not garnishee your pay. He must comply with a legal order from someone else to do so and has no choice. He may not fire you for this also. If your employer does garnishee he must have a valid legal order to do so. If he does not he is stealing from you
Can the cosigners spouse get charged?
YES the lender can garnishee the co-signor (NOT co-signors spouse) as well as the signor. Just as the lender CANT garnishee your spouses wages. ONLY those signors of the contract are subject to any collection activities.
How do you stop bank garnishment if self employed?
The garnishee would need to file a court order to have the bank levy quashed (made invalid). The best option would be for the garnishee to contact a qualified attorney or legal organizaton for specific advice.
What is consol defendant?
A consol defendant is a party in a lawsuit who joins with another defendant or defendants in order to defend against the same claim or claims. This can happen when multiple defendants are sued together and are represented by the same legal counsel.
