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Garnishments

Garnishments

Writ of Execution/Garnishment

If you are garnishing wages, the employer has 20 days to respond to the interrogatories. When we receive the interrogatories, we forward those on to you, the plaintiff. If we do not receive a response, we do not follow-up since we are unable to force the employer to respond. It is up to you to follow-up on your case.

The maximum legal amount of a wage garnishment is 25 percent of the net (take home) pay. However, it is up to the employer to determine the amount of net pay to be garnished. If the defendant has a prior garnishment, does not make enough money or has a child support or IRS levy, you may not receive any funds.

Garnishing a bank account: A bank account garnishment is a one-time deal. Once a payment is received from the bank that does not satisfy the judgment in full, you must re-file with the Justice Court.

Vehicle/Property Attachment: The vehicle or property will be held for 14 days to give the defendant a chance to pay the judgment in full. If the defendant does not pay the judgment in full, we will set the vehicle/property for auction and notify you of the time and date for it.

All Executions/Garnishments expire after 180 days. If your judgment is not satisfied within the 180 days, you may re-file with the Justice Court.

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