Someone owes me money that I was awarded in a judgement. I was told I could have their wages garnished to get my money. I live in Ky, is there anyone who knows how to go about doing this?
2007-10-02 07:51:33 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Go to the court that issued the Judgment, and tell them you want to issue a "Writ of Garnishment" and see if they have a form for you to fill out. Once this is done and filed with the court it has to be served on the person and they have so many days to respond, if they don't respond then the judge will issue the garnishment order, then it has to be served on the employer (so you will have to have this information).
There will be filing fees associated with this and there will also be service fees, so you need to weigh your options and see if it is worth it.
2007-10-02 08:03:31 · answer #1 · answered by Anonymous · 1⤊ 0⤋
You will need an order of ganishment to satisfy the judgement. It's a form available at the court clerk's office and will need to be signed by the clerk. Have your judgement ready to support your order. You then need to mail it to the payroll department of the company which employs the person to be garnished.
Check the laws of your state. Usually garnishment for the full amount cannot be satisfied in one sum. Law usually protects the debtor so that only a percentage of net pay (not gross) can be taken at one time. The garnishment order will remain in effect until the entire judgement has been satisfied.
Any fees to be paid to the payroll processor (not to exceed some maximum amount like $2 per check) are the liability of the debtor, not the one collecting.
2007-10-02 15:07:38 · answer #2 · answered by Marc X 6 · 0⤊ 0⤋
to garnish it put a piece of celery next to the paycheck :-)
but seriously
When served on an employer, garnishments are taken as part of the payroll process. When processing payroll, sometimes there is not enough money in the employee's net pay to satisfy all of the garnishments. In such a case, the correct order to take a garnishment must be satisfied. For example, in a case with federal tax, local tax, and credit card garnishments, the first garnishment taken would be the federal tax garnishments, then the local tax garnishments, and finally, garnishments for the credit card
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So serve his/her employer.
2007-10-02 14:53:52 · answer #3 · answered by r1b1c* 7 · 0⤊ 1⤋
You need another order to allow wage garnishment. The order must identify the specific employer and the percentage of garnishment and the total to be taken.
2007-10-02 14:56:25 · answer #4 · answered by Anonymous · 0⤊ 0⤋
That would be if you have a legal issue with the person you need garnished, i.e they owe you money from 6 months ago.
2007-10-02 14:54:33 · answer #5 · answered by spamcollector_21 2 · 0⤊ 0⤋
Go back to the cout that awarded you the judgement ,and let them know that the other party has failed to pay, and that you would like to proceed with garnishment. Good luck
2007-10-02 14:55:46 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You would have to petition the court where you got the judgment to get a garnishment order.
2007-10-02 14:56:51 · answer #7 · answered by regerugged 7 · 0⤊ 0⤋
The sheriff's department will deliver papers for you as long as you have a copy of the judgment. the sheriffs office charges a small fee to do this good luck
2007-10-02 15:00:04 · answer #8 · answered by Bad Mood 5 · 0⤊ 0⤋
Musclegirl4U's answer is exactly right.
2007-10-02 15:31:24 · answer #9 · answered by J P 7 · 0⤊ 0⤋