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Collection Methods There are 2 primary methods to collect a debt: Writ of Garnishment or Writ of Execution. Writ of Garnishment is often referred to as garnishing a debtor's wages. A written notice is served to both the debtor and the debtor's employer or financial institution.
At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.
A money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution?and in proceedings supplementary to and in aid of judgment or execution?must with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.
If after December 5, 2022, then the new law which only allows for 10% garnishment is in place. The employer should look at the garnishment package to see when the judgment was effective as that will dictate whether 25% or 10% of the employee's non-exempt disposable earnings can be garnished.
How do I collect my money? If you know where the Judgment Debtor banks, you can ask the Sheriff to collect money from their account (bank account levy). If you know where the Judgment Debtor works, the Sheriff can collect 25% of the debtor's wages each pay period until your judgment is paid in full (wage garnishment).
If they do not pay, at your request the court may provide you with forms you may file to try to collect. If the other party does not make full payment, you may file a request to have the writ issued. If these writs are not effective in collecting the judgment, obtaining the services of an attorney may be helpful.
Once a debt buyer is armed with a default judgment they then have the power to garnish your wages or levy your bank account.
All judgments must be in writing, and the court must mail copies to all parties. The judgment must clearly state the determination of the rights of the parties. The judgment is due and payable immediately after the judgment is rendered by the justice of the peace or a hearing officer in small claims court.