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Indiana Interrogatories Propounded to Garnishee Defendant - Employer

State:
Indiana
Control #:
IN-022-SC
Format:
Word; 
Rich Text
Instant download

Description

These are sample interrogatories given to a Garnishee Defendant's Employer. The Plaintiff demands information from the Employer concerning the Judgment Debtor. They are to be used simply as a model and should be modified to fit your particular cause of action.

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FAQ

Include in your letter what steps you plan to take to address the default, such as making a reasonable effort at a payment plan. Mention any circumstances that have changed recently to make your ability to pay off the debt more likely. This conveys to the creditor your goodwill toward satisfying the debt.

When there is a court judgment against you, the creditor has the right to garnish your wages.With the exception of a student loan debt or a debt owed the government, garnishment can take place only after the creditor obtains a court judgment against you.

Garnishment is a proceeding by a creditor (a person or entity to whom money is owed) to collect a debt by taking the property or assets of a debtor (a person who owes money). Wage garnishment is a court procedure where a court orders a debtor's employer to hold the debtor's earnings in order to pay a creditor.

A Proceedings Supplemental is a court-ordered meeting between you and the creditor (the person you owe) to determine what your income, savings and property are. Your bank or employer may also have to give information to the creditor and the court.

Pay off the debt. settle the debt. discharge the debt in Chapter 7 bankruptcy. pay some or all of the debt through a Chapter 13 repayment plan, or. successfully ask the state court to stop the garnishment.

When a creditor obtains a writ of garnishment, the employer is the garnishee and the creditor is the garnishor.In most states, employers answer a writ of garnishment by filling out the paperwork attached to the judgment and returning it to the creditor or the creditor's attorney.

If your wages are being garnished for tax debt, Bankruptcy will stop the garnishment and in some cases you may not have to pay the tax debt. Filing Bankruptcy on tax debt will allow you to receive future tax refunds. If your wages are being garnished for student loans, filing Bankruptcy will stop the garnishment.

If it's already started, you can try to challenge the judgment or negotiate with the creditor. But, they're in the driver's seat, and if they don't allow you to stop a garnishment by agreeing to make voluntary payments, you can't really force them to. You can, however, stop the garnishment by filing a bankruptcy case.

In general terms, to attempt to have a wage garnishment ended, modified or reversed, you have the following options. First, you could attempt to negotiate a monthly payment agreement with the creditor/collector.Third, you could file an appeal with the court if you do not agree with the garnishment.

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Indiana Interrogatories Propounded to Garnishee Defendant - Employer