A garnisher is an individual who attempts to collect money from a debtor by requesting a third party (known as the garnishee) to provide them with money or property that belongs to the debtor.
A garnisher, also known as a garnishor, is a creditor who takes legal action to collect a debt by seizing property or money owed to the debtor by a third party, referred to as the garnishee. To initiate a garnishment action, the garnisher obtains a court order to reach the debtor’s property held or owed by the garnishee. For instance, in Example 1, John owes $5,000 to ABC Bank, which files a lawsuit against him and obtains a court order to garnish his wages. The bank notifies John’s employer, the garnishee, to withhold a portion of his paycheck and send it directly to the bank until the debt is settled. Similarly, in Example 2, Mary owes $10,000 to XYZ Credit Card Company, which sues her and obtains a court order to garnish her bank account. The bank, acting as the garnishee, freezes Mary’s account and transfers the funds to the credit card company until the debt is paid off. These examples demonstrate how a garnisher can lawfully collect a debt by seizing property or money owed to the debtor by a third party. In both cases, the garnisher acquires a court order to garnish the debtor’s wages or bank account, and the garnishee is obligated to comply with the court order by withholding or freezing the debtor’s property or money.
Garnishment is a legal process where a creditor obtains a court order to collect a debt by seizing a portion of the debtor’s wages, bank accounts, or other assets.
No, only certain types of creditors, such as government agencies, child support agencies, and private creditors with a court judgment, can garnish your wages.
The amount that can be garnished varies depending on the type of debt and the applicable state laws. Generally, federal law limits wage garnishment to 25% of your disposable income, but some states have lower limits.
No, it is illegal for an employer to terminate an employee solely because their wages are being garnished. However, this protection does not apply if you have multiple garnishments.
Yes, you have the right to challenge a garnishment by filing an exemption claim with the court. This allows you to present evidence that the garnishment would cause undue hardship or that it violates the law.
Yes, if a creditor obtains a court order, they can garnish funds from your bank account to satisfy a debt. However, certain funds, such as Social Security benefits, are generally exempt from garnishment.
In some cases, you may be able to stop a garnishment by negotiating a repayment plan with the creditor or by filing for bankruptcy. However, it is advisable to consult with an attorney to understand your options.
While a garnishment itself does not directly impact your credit score, the underlying debt that led to the garnishment can negatively affect your credit if it is reported as delinquent or in collections.
The duration of a garnishment depends on the type of debt and the applicable state laws. It can range from a few weeks to several years until the debt is fully satisfied.
Transferring assets to avoid garnishment is generally considered fraudulent and can lead to legal consequences. Courts have the power to reverse such transfers and hold the debtor accountable.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 25th April 2024.
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