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Difference between revisions of "When a Creditor Wants to Take Money From Your Wages or Bank Account"
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When a Creditor Wants to Take Money From Your Wages or Bank Account (view source)
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The purpose of pre-judgment garnishment is to preserve the money during the legal proceedings until the creditor gets judgment. A creditor needs a court order to get pre-judgment garnishment. And there are restrictions on what kind of debts can be garnished before judgment. It can be expensive for a creditor to obtain a pre-judgment garnishment order, and there is no guarantee that the debtor has any funds available to garnish. For these reasons, pre-judgment garnishment is not very common. | The purpose of pre-judgment garnishment is to preserve the money during the legal proceedings until the creditor gets judgment. A creditor needs a court order to get pre-judgment garnishment. And there are restrictions on what kind of debts can be garnished before judgment. It can be expensive for a creditor to obtain a pre-judgment garnishment order, and there is no guarantee that the debtor has any funds available to garnish. For these reasons, pre-judgment garnishment is not very common. | ||
To get a pre-judgment garnishment order, a creditor must prove that they | To get a pre-judgment garnishment order, a creditor must prove that they claim for a fixed value—a specific amount of money owed. For example, if a creditor has a claim against you for damages for personal injury or negligence, they cannot obtain a pre-judgment garnishment order because the amount of the damages hasn’t yet been decided. | ||
Getting an order for pre-judgment garnishment is very technical. You should see a lawyer if you want this. | Getting an order for pre-judgment garnishment is very technical. You should see a lawyer if you want this. | ||
