Writ of Garnishment - Levy On Wages

A wage garnishment is in fact pretty easy to impose, by the judgment recovery specialist, and is generally much more welcomed by the debtor or the defendant, since it poses no immediate threat to his or her current lifestyle and at the same time the debtor is capable of paying off his pr her judgment debts.

A wage garnishment levy on wages is in fact pretty easy to impose, by the judgment recovery specialist. There are a few rules and regulations to check out at the courthouse and garnishments are generally much more welcomed by the debtor or the defendant since it will not change their lifestyle by any great degree. And, it helps them pay off their judgment debts.

The judgment recovery process of wage garnishing has less number of rules involved. The judgment recovery specialist may have to do some background detective work, before filing for a wage garnishment. Again, check the local courthouse for rules and regulations involved in the process.

Garnishing wages takes a while, so only choose this option first if you aren’t in a hurry. And make sure you review the case to find out if a garnishment is already in place. Some states will not allow more than one garnishment, and child and spousal support will always take priority.

After filing a Writ of Execution (Writ of Garnishment), take the writ and copies along with an Application for Earnings Withholding Order to the levy officer. You will have to pay a fee, usually about $20.

The levy officer will use the information you provided to complete an Earnings Withholding Order and an Employer’s Return form. Within fifteen days, the employer must return the form and carry out the order. The employer must inform the debtor of the garnishment, including the amount to be withheld. The debtor has ten days to file for an exemption.

If the employer fails to enforce the levy on wages garnishment, that employer will be held responsible for the judgment and fees. Send a friendly reminder, just in case the garnishment was actually forgotten. If that doesn’t work, you can obtain an Order to Show cause, which compels the employer to appear in person and explain why the order was neglected. Failure to appear puts the employer in contempt of court, and a civil arrest warrant may be issued.

Garnishments are usually valid for six months. If at the end of term the judgment has not been fully satisfied, you must renew the levy with a new Application for Earnings Withholding Order delivered to the levy officer.

Please note there are other means methods at your disposal if you find that the employer is not being truthful. There are legal requests as well as subpoena powers you can employ to get what is needed to win your recovery.

(more if you scale your judgment recovery business toward larger civil court cases)

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