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-   -   Trying to garnish (https://www.askmehelpdesk.com/showthread.php?t=61029)

  • Feb 7, 2007, 04:30 PM
    tennisanyone
    Trying to garnish
    I was hoping to get some info on garnishing a bank account. I have a small claims judgement on a business and my writ of garnishment came back from the bank with the box - no funds - checked. Does this mean I have to file a new garnishment or will the garnishment stay in effect? Wondering if this freezed the account.
    Also the judgement is for $5200 so if there is only 3 or 4 thousand in there will it come back no funds, or would the bank give me whatever is in there to start?
    Thanks in advance to anyone's opinion.
  • Feb 7, 2007, 08:34 PM
    Justice Matters
    Whatever money was in the account when your garnishment was received should be forwarded by the bank to satisfy the judgment. Garnishments usually last a while (how long depends on your jurisdiction) and if any other monies are deposited into the account while the garnishment remains in effect they should also be remitted by the bank.

    Unfortuneately, a garnishment on a bank account is usually a one shot deal since a debtor is unlikely to continue depositing money into an account where the monies will, in effect, disappear.

    You may want to look at what other enforcement options are available to you. In many jurisdictions you can request a debtor's examination hearing at which a debtor is required to answer any and all questions regarding their finances.

    Lastly, be warned that if your judgment is against a small corporation there is the very real possibility that the principals behind it might just shut it down and start anew with another corporate entity in order to avoid you or any other creditors.

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