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The court order that is given to creditors to legally take away a person’s wages or bank accounts is called the writ of garnishment. The creditors will have to hire somebody to send a notice to the debtor’s employer once they get this order. The employer of the debtor will become legally bound to hold back a part of the employee’s wages once he/she gets this notice. That part will be given to the creditor. One may have many questions about what he/she can do and what his/her rights are when the wages are being taken away. Answered below are some of the important questions about the writ of garnishment: Can a writ of garnishment be stopped?
There are a few ways in which a person can stop a writ of garnishment. The first option would be to stop the writ through the court. The person can get the writ reversed if he/she proves in court that the process was erroneous. The person may hire a lawyer to file the motion to reverse the writ and fight his/her case. The second option that the person may have is to contact the creditor who has been given the writ. The person may get into an agreement with the creditor and ask them to not enforce the writ. The creditor may agree to the person’s offer if he/she agrees to pay off the majority of the debt in cash. Will it be legal if a bank freezes a person’s account on getting a writ of garnishment?
The bank may have a legal right to freeze a person’s account if it receives a writ of garnishment. The bank will have to accept the writ as it is a court order. They will have to follow the writ and freeze the person’s account until they get any other instructions from the court. What action can an individual take if a writ of garnishment was placed on his/her account and money was taken without notifying him/her?
A writ of garnishment may be placed on an account only if there was a judgment involved. Money from a person’s account may be removed without notifying him/her only if he/she was not informed about the lawsuit. If this is the case, the person may be able to appeal to the court to life the restraint and vacate the judgment. He/she may do so by speaking to the clerk in the court. In most cases, the motion may be approved if the individual can prove that he/she was unaware of the lawsuit. What does a stay of execution on the writ of garnishment mean?
A stay of execution is normally granted by the judge. When a stay of execution is placed on a writ of garnishment, it means that none of the parties can touch the money. The stay will not allow the creditor to take money from an individual’s wages or bank account. In most situations, a stay order is given to protect all the parties that are involved in the case. The judge will review the situation at another court hearing. An employer received an order quashing the writ of garnishment. Would this order mean that the employer is responsible for the debt?
An order to quash the writ of garnishment means that the writ of garnishment has been terminated. This normally happens if the writ has been ineffective in getting the money for the debtor. This order does not mean that the employer would be responsible for the debt. It only means that the writ is no longer valid. It can be very frustrating if your bank account is frozen due to a court order. Most of the times, people will be dependent on their bank accounts for their daily activities. A writ of garnishment can be difficult to understand and you may not know what to do if you have been served with one. You may ask a lawyer if you have any doubts or need more information about the writ of garnishment.
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