Even if you’re not too familiar with legal jargon, you probably know that a writ of garnishment doesn’t involve anything positive. You may receive a writ of garnishment through service of process, in which case it’s important to learn exactly what you are facing and how to react.
An Introduction to Writ of Garnishment
In general, a writ is a form of written command in a court of law. A writ of garnishment in particular provides permission for a debtor’s wages or bank accounts to be garnished, or taken, in order to pay off a debt.
A writ of garnishment is obtained through a court order that is then delivered to the debtor’s employer or bank, and that employer or banking institution is then legally obligated to withhold a certain percentage of the debtor’s wages or checking account to be released to the creditor. The most common garnishments occur due to unpaid credit card and tax debt.
The Response of an Employer or Bank
When a writ of garnishment is received, the employer or bank in charge of the desired funds as no choice but to garnish the funds and provide them to the creditor. Even if the garnishment is incorrect or undeserved, only the debtor can handle that problem.
The Response of the Debtor
If your wages or bank accounts are being garnished due to a writ of garnishment, there are certain legal actions you can take. The best is to consult with an attorney to learn your options. If the writ is done in error, you can file the proper papers in court to have the funds reversed. You can also try to make financial arrangements with the creditor to pay off your debt in cash.
A writ of garnishment is a last resort for creditors that need their money but have been continually ignored. It’s possible to avoid it altogether by staying in contact with your creditors and working on payment arrangements that fit your financial abilities.
