Debt Collection: Bank Account Garnishment

A useful method for debt collection is a garnishment. A garnishment directs that money of a third party be seized and then used to satisfy a judgment. Debt collection attorneys can attach a bank to the judgment as a “garnishee” when the bank is holding an account for the debtor. The attorney can then take legal steps to remove the funds from the account to satisfy the debt.

 

The Garnishment Process

Our debt collection lawyers first obtain a judgment against the debtor. Then steps are taken to locate assets belonging to the debtor. If a bank account is discovered, our attorneys file a Writ of Execution, naming the bank as a garnishee. The Writ is served on the bank and the bank is then legally obligated to freeze any accounts owned by the debtor. Along with the Writ, interrogatories are served on the bank. The bank must disclose the accounts and the amount of funds in the accounts. Judgment is then entered against the bank and the bank must then release the funds in order to satisfy the judgment. Our attorneys collect those funds for the client.

 

Obstacles for Bank Account Garnishment

Garnishing bank accounts is a common and often preferred method to enforce a judgment. There are some obstacles. Locating a bank account can be a difficult task. This information is generally not available to the public. Our debt collection lawyers have utilized various methods to uncover accounts owned by the debtor. When a bank account is located, some or all of the funds may fall under an exemption which prohibits seizure and a lawful taking. Also, sometimes the accounts are owned jointly with a spouse or another third party. This may prohibit a lawful taking or, at the very least, it may further complicate the process.

 

Contact our Debt Collection Attorneys

Our attorneys have experience with litigating debt collection disputes to obtain a judgment. Getting the judgment does not necessarily mean the debtor will voluntarily pay. Skilled collection attorneys must utilize various weapons in the arsenal in order to enforce the judgment. Contact our attorneys today to discuss how they can help you.