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    drubbed31's Avatar
    drubbed31 Posts: 4, Reputation: 1
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    #1

    Jun 18, 2010, 09:35 PM
    How is a writ of garnishment paid out?
    How is a writ of garnishment paid out? i.e. someone has filed a writ of garnishment against me (and served my bank), which has frozen my funds. Does the bank then pay out my funds after a specified number of days or does the person who is attempting to get the money go directly to my bank since they have already frozen my funds?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jun 18, 2010, 10:53 PM

    The bank pays it, as ordered by the writ, to the court.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 19, 2010, 06:23 AM

    Generally, there is a waiting period for you to try and get the order vacated. After then the bank mails the writ holder a check.
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    #4

    Jun 21, 2010, 11:47 AM
    [QUOTE=AK lawyer;2400089]The bank pays it, as ordered by the writ, to the court.[Thanks for the answer... I reread the writ and it doesn't actually state anything about payment being made by the bank to the court. It just states that "properties owned by you have been garnished". I have contacted the Court and they are unsure as well, but said an Order would need to be filed for the attorney to have the funds released from the Court Registry, if this is the case. I guess I'll just have to wait it out.]
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    #5

    Jun 21, 2010, 11:49 AM
    [QUOTE=ScottGem;2400313]Generally, there is a waiting period for you to try and get the order vacated. After then the bank mails the writ holder a check.[This would seem to make sense, but I just haven't been able to confirm it. I guess, as you noted, unless the order is vacated I'll just have to wait and see what happens next. I will certainly keep you posted on what transpires, as it happens. Thanks.]
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    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jun 21, 2010, 12:47 PM

    This may vary by court. But generally the bank pays the court. This might not be written in the writ since its established procedure.

    The writ won't be vacated unless you do something to vacate it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Jun 21, 2010, 01:20 PM
    Quote Originally Posted by drubbed31 View Post
    ... I'll just have to wait and see what happens next. I will certainly keep you posted on what transpires, as it happens. Thanks.]
    We can't look up the specific rule in your state, because we don't know what state you are in.

    But, instead of patiently waiting, and particularly since the clerk of court doesn't seem to know much either, I suggest you be pro-active and find out what the procedure is in your state. Look it up on-line. It may be that you have so many days to file an objection. If you simply wait, you could loose out.

    BTW, FYI: to close a quotation block, you need to put "[/quote]" at the end.
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    drubbed31 Posts: 4, Reputation: 1
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    #8

    Jun 21, 2010, 02:35 PM
    Instead of replying to each, I'll just post under "Submit Your Answer" (although I realize it may not actually notify you all of a reply). I'm new to this sort of informational post. I'm in Texas (bank accounts as well). I was able to contact the bank and their attorneys have issued an Answer that appears (and I'm not an attorney) to give them the right to accellerate payment on an existing liability that I have with the bank rather than pay out the judgment to the attorney who is seeking it. Interesting twist in all of this! Again, just the way I read the Answer. Will post more as I obtain information/answers. Thanks to both for the insight.
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