Available options when you receive notice of a GARNISHMENT:
A Garnishment is a post judgment proceeding utilized to attach an asset such as a bank account, wages earned from your place of employment or rental income due to you from a tenant to apply to the judgment balance. When a Garnishment is served upon the garnishee (i.e. a bank, an employer or a tenant), the garnishee is under a duty to file an answer with the court by the court date listed on the Garnishment and forward funds it holds on your behalf to the court to apply to the judgment balance.
If the garnishee is a bank, it is under a duty to forward funds it holds on your behalf (up to the amount of the judgment balance) to the court from the date the bank is served with the Garnishment through the court date listed on the Garnishment.
If the garnishee is an employer, it is under a duty to forward a percentage of your earnings (up to the amount of the judgment balance) from the date the employer is served with the Garnishment through the court date listed on the Garnishment.
If the garnishee is your tenant, he or she is under a duty to forward all rental payments that come due (up to the amount of the judgment balance) to the court from the date he or she is served with the Garnishment through the court date listed on the Garnishment.
- Your options to obtain a release of the Garnishment:
- You may mail or drop off payment in full via money order, cashier’s check or certified funds payable to Vonda J. Dunn, P.C. for immediate credit to your account. Personal checks are not an option at this stage of the collection process.
- Some banks will forward funds to our office prior to the court date listed on the Garnishment if they receive a fully executed Authorization to Release Funds form. You should check with your individual bank to confirm whether or not they utilize this procedure. If the full amount of the judgment balance is held and your bank allows this procedure, then you may sign and submit an Authorization to Release Funds form to our office instructing the bank to forward all funds subject to the Garnishment to our office to apply to the judgment balance.
- You may set up a payment plan but it will not release the pending Garnishment. Click here to email a request for a Payment Plan Package.
- If you have additional questions, please review our website section entitled Frequently Asked Questions & Miscellaneous Inquiries or click here to email us directly.