Sample Letter for Writ of Garnishment
Understanding this form
The Sample Letter for Writ of Garnishment is a template designed to assist individuals or entities in formally requesting a court-ordered garnishment of an individual's wages or bank accounts. This letter serves as a starting point for drafting a garnishment request, which may involve collecting unpaid debts from a debtor. It is important to note that this form is distinct from other legal forms related to debt collection, as it specifically addresses the garnishment process through a letter format.
Key parts of this document
- Date: The date on which the letter is written.
- Creditor Information: Details of the creditor requesting the garnishment.
- Debtor Information: Information about the debtor whose wages or accounts are being garnished.
- Garnishment Details: Specifics regarding the amount owed and the reason for garnishment.
- Signature: Space for the creditor or their representative to sign the letter.
Situations where this form applies
This form should be used when a creditor has obtained a court judgment against a debtor and needs to initiate wage garnishment or garnishment of funds from a bank account. Scenarios may include instances where debts have gone unpaid, such as unpaid loans, credit card balances, or other financial obligations. The letter serves as an official request to enforce the garnishment and collect the amount owed.
Who needs this form
This form is intended for:
- Individuals who are creditors seeking to recover debts owed to them.
- Businesses that need to initiate garnishment proceedings against delinquent customers.
- Attorneys representing creditors in garnishment cases.
How to prepare this document
- Identify the date when the letter is being written.
- Enter the creditor's name, company, and address.
- Provide the debtor's details, including their name and address.
- Clearly state the amount owed and the basis for the garnishment request.
- Sign the letter to affirm its authenticity and intent.
Notarization requirements for this form
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
Common mistakes
- Failing to include all necessary creditor and debtor information.
- Not providing specific details about the debt, including amounts and references.
- Neglecting to sign the letter, which can render it invalid.
- Using outdated or incorrect legal terminology that may confuse the recipient.
Why complete this form online
- Conveniently download the letter template from anywhere.
- Edit the document to fit specific situations and needs easily.
- Access templates drafted by licensed attorneys, ensuring legal reliability.
State law considerations
This form is suitable for use across multiple states but may need changes to align with your state’s laws. Review and adapt it before final use.
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FAQ
What you can do about wage garnishment.You have to be legally notified of the garnishment. You can file a dispute if the notice has inaccurate information or you believe you don't owe the debt. Some forms of income, such as Social Security and veterans benefits, are exempt from garnishment as income.
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.
Judgment proof is a description of a person who does not have enough assets for a creditor to seize when a court order requires debt repayment. A debtor who is broke and unemployed can be considered judgment proof, as can a debtor who only has certain legally protected types of assets or income.
Make sure you state you are exercising your rights under the Fair Debt Collection Practices Act. Include a sentence or two describing why you are judgment-proof For example: I am judgment proof because I am living only on Social Security benefits, own limited exempt property, and cannot meet current expenses.
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 you are served with a garnishment summons, do not ignore these documents because they do not directly involve a debt that you owe. Instead, you should immediately freeze any payments to the debtor, retain the necessary property, and provide the required written disclosure.
The Order dissolves the existing writ of garnishment. It means that whatever was being garnished, wages or bank accounts, are no longer subject to the writ of garnishment.
If your income is protected from garnishment and you have no assets (house, property, savings etc.) with which to pay your debt, you may be 'Judgment Proof'. Income that can NOT be garnished: TANF, GAU, SSI, SSDI, SSA, Food Stamps, child support, pension, etc. Income that can be garnished is wages from employment.
Garnishment, or wage garnishment, is when money is legally withheld from your paycheck and sent to another party. It refers to a legal process that instructs a third party to deduct payments directly from a debtor's wage or bank account. Typically, the third party is the debtor's employer and is known as the garnishee.
