bw4444

How does garnishment work?

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Does anyone know how garnishment works?

I know, someone gets a judgment and takes your money.

But, how much money and how often?

If your bank account is garnished, can the garnisher take whatever money they want as often as they want up to their authorized limit?

Or, are there limits to how often a garnisher can take money from a garnishee's bank account?

Is this usually spelled out in the judgment or subsequent court motions?

Thanks, bw

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Here I am answering my own question.

Here is how it works in Michigan, so I assume the mechanics of garnishment vary somewhat from state to state.

http://www.courts.michigan.gov/scao/selfhelp/collection/garnishment_help.htm

You must wait 21 days after your small claims judgment was signed before you can get a garnishment. There are two types of garnishment: 1) periodic, and 2) non-periodic.

A periodic writ of garnishment is used to garnish the defendant's wages, rent payments, land contract payments, or other debt which is paid to the defendant on a periodic basis. A periodic garnishment is valid for up to 91 days or until the judgment, interest, and costs are paid off, whichever occurs first.

A non-periodic writ of garnishment is used to garnish the defendant's bank account (except for wages that are deposited in the account) or other property. Once money has been garnished under the non-periodic writ, the writ is no longer valid. If there is a remaining balance on the judgment, you must get another writ to collect more money.

An income tax refund garnishment is used to garnish the defendant's Michigan income tax. Once money has been garnished under the income tax refund writ, the writ is no longer valid. If there is a remaining balance on the judgment, you must get another writ to collect more money. There is no authority to garnish federal or city income tax refunds.

Fill in the form using the instructions. The garnishee is the person or business who has control or possession of the defendant's money. Once you complete the Request, you must file it with the court that entered your judgment. The filing fee is $15.00.

A state by state summary of garnishment laws can be found here:

http://www.fair-debt-collection.com/state-garnishment-laws-5.html

bw

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Does anyone know how garnishment works?

I know, someone gets a judgment and takes your money.

But, how much money and how often?

If your bank account is garnished, can the garnisher take whatever money they want as often as they want up to their authorized limit?

Or, are there limits to how often a garnisher can take money from a garnishee's bank account?

Is this usually spelled out in the judgment or subsequent court motions?

Thanks, bw

There are limits on wage garnishments and typically they can't take your house. But I believe there aren't any limits on taking your bank account. That being said, I know someone who had their bank account seized, but because they were living on SS and Verteran's benefits, were able to get a lawyer to put a freeze on their account.

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Here in Indiana, an employer can terminate an employee with garnishments - at least that's how it's written in my $DAYJOB Employee Handbook

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