What Are the Different Types of Garnishment?
Wage garnishment is sometimes known as “continuing garnishment.” Under this type of garnishment, 25% of a debtor’s disposable income is withheld from each and every paycheck. The money that is withheld is then used to pay the creditor who holds the judgment. The garnishment continues each and every paycheck until the debt is paid, the garnishment is vacated or the consumer quits their job.
A bank garnishment does not continue from week to week or month to month. Under this type of garnishment a debtor’s bank account is frozen and the funds seized are used to pay the creditor. The seized funds are applied to the judgment. If there is not enough money to satisfy the judgment, the entire account is emptied completely.
Is Garnishment Defense Right for My Situation?
Has a creditor recently garnished your wages or bank account? If so, garnishment defense may be the right choice for you. Call one of our attorneys for a free consultation to discuss your options.
What Are the Costs to Defend My Garnishment?
There are no expensive filing fees or court fees. Depending on the facts of your case and your defense, there may be a fee for a deposition or court reporter. This fee is not charged by our firm but by a third-party.
What is Your Attorney’s Fee to Defend My Garnishment?
Because every case is different, fees vary from case to case. In many of our garnishment cases, our fees are less than your first month of garnished wages. We take garnishment cases on a flat fee basis, meaning that we do not bill you by the hour or by the month. Your price is determined by our attorneys and we will give it to you upfront after learning the facts of your case.
Will I Have to Go to Court?
In order to have a garnishment vacated the court must rely on evidence. In most garnishment cases, the strongest evidence is your testimony in court. While we try our best to keep you out of court, if your testimony is necessary, you will have to go to court. One of our experienced garnishment attorneys will attend this hearing with you, so don’t worry, you won’t be alone! Our attorney will give an opening statement to the judge, present evidence, examine or cross-examine any witnesses, make legal arguments and present a closing argument. During direct examination by your attorney, you will be asked a few questions about your defenses to garnishment. Our attorneys are experienced and have successfully conducted similar trials on hundreds of occasions.