I would like to thank you, and please pass along my regards to George and all of Richards and Richards for making this, our first foreclosure, a seamlessly non-event. I am very happy with the service that you have provided and I will not hesitate to recommend your services or take advantage of them myself in the future.
Garnishment is a legal procedure to force money owed to a debtor by another party, such as a bank or an employer, to be paid into Court.
A creditor obtains a “garnishing order” from the Court.
In special circumstances garnishment may be used as a tool to obtain payment in of money into Court before a judgment is obtained.
Typically a garnishing order can only be obtained after a court has granted judgment. Unlike prejudgment garnishment, postjudgment garnishment can garnish wages that in the ordinary course of employment become owing. However, not all the debtor’s wages are available as the law provides that 70% of wages are exempt from garnishment.
A debtor who is the subject of garnishment can seek to have the order set aside or apply to the court for the release of the garnished funds on account of hardship or apply to the court for the release of the garnished funds and an order for payment of the judgment by installments.
Note that garnished funds do not go directly to the creditor. They are paid into the court. Later the money is paid to the creditor when the creditor obtains an order to have it paid out.
Richards & Richards has extensive experience with garnishment both before and after judgment with staff dedicated to ensuring the garnishing process runs smoothly with maximum efficiency.
We welcome everyone to schedule a consultation with us before making a decision on representation. We are just a phone call or email away from taking on your case.