Check out some similar questions!

Armadillojim · Oct 11, 2008, 02:55 PM

I received a small claims judgement and have gotten it certified and am at the part where I have received a reply for garnishment from the debtors them[ployer. The court clerk said she cannot tell me what to do next. She did however say that the court has gotten what it needs from the employer and that I can't take the next step for 2 months wehatever the next step is. I live in WA. State... jim

JudyKayTee · Oct 11, 2008, 02:59 PM

Originally Posted by Armadillojim

I recieved a small claims judgement and have gotten it certified and am at the part where I have recieved a reply for garnishment from the debtors em[ployer. The court clerk said she cannot tell me what to do next. She did however say that the court has gotten what it needs from the employer and that I can't take the next step for 2 months wehatever the next step is. I live in WA. state...jim

You have served the garnishment on the employer? Then you have to wait the 60 day waiting period and the garnishment will be automatic.

Really there is no next step unless the employer fails to comply OR the debtor pays the Judgment, at which time you notify the employer.

Armadillojim · Oct 11, 2008, 03:25 PM

I sent these papers to the employer of the debtor along with three addressed envelopes. One to me and the court and the debtor. Writ of garnishment (continuing lien on earnings), second answer to writ of garnishment(continuing lien on earnings) Thanks so much for your reply I don't have a clue if I have done this right. The employer knows how much I was awarded by the court. But that amount apparently is not all because I have had additional cost such as 60.00 certifying cost and also certified w/return receipt mailing and also interest. I thought there is another paper eventually from the court which adds some of the new debt along with interest and the actual amount the employer is to withhold from the debtors earnings per pay period. Again I thank you for any info you choose to share with me... jim

JudyKayTee · Oct 11, 2008, 03:41 PM

Originally Posted by Armadillojim

I sent these papers to the employer of the debtor along with three addressed envelopes. One to me and the court and the debtor. writ of garnishment (continuing lien on earnings), second answer to writ of garnishment(continuing lien on earnings) Thanks so much for your reply I don't have a clue if I have done this right. The employer knows how much I was awarded by the court. But that amount apparently is not all because I have had additional cost such as 60.00 certifying cost and also certified w/return receipt mailing and also interest. I thought there is another paper eventually from the court which adds some of the new debt along with interest and the actual amount the employer is to withold from the debtors earnings per pay period. Again I thank you for any info you choose to share with me...jim

Sure - no problem, but I don't understand what you sent to the employer. Did you send a garnishment notice? A copy of the Judgment?

Once you file with the employer you can't amend it.

Also - the employer will tell you what percentage and dollar amount will be withheld, you don't tell them nor does the order state that.

Need a little more info. (And I know it's confusing.)

Armadillojim · Oct 11, 2008, 03:58 PM

Yes (and thanks again ) I did send them a copy of the certified judgement and paperwork showing I am trying to garnish him and in the certified judgement it stated that an additional amount could be added for costs and I filled in what was termed a estimated additional amount for additional costs. And sent that also. How and when does the additional costs be added to the original judgement. I am looking for my folder with all the documents I have maile both to the debtor and his employer... jim

JudyKayTee · Oct 11, 2008, 06:46 PM

Originally Posted by Armadillojim

Yes (and thanks again ) I did send them a copy of the certified judgement and paperwork showing I am trying to garnish him and in the certified judgement it stated that an additional amount could be added for costs and I filled in what was termed a estimated additional amount for additional costs. And sent that also. How and when does the additional costs be added to the original judgement. I am looking for my folder with all the documents I have maile both to the debtor and his employer...jim

Did you say which State? Anyway, what you have to do is send the employer the actual Notice of Garnishment in most cases.

This MAY work out because the employer MAY bring the potential garnishment to the attention of the debtor who MAY offer a payment plan or just pay it to avoid the garnishment. But what you sent in most States is not legally sufficient.

The Judgment doesn't list a total - $X for the Judgment, $X for costs, interest to run at X %?