A Quick Guide to Writ of Garnishment

The juggling of bills, loan payments, and other financial resources is a stressful struggle for most Americans, and it isn’t uncommon for well-meaning people to fall into debt and lose the ability to pay off their creditors. There are many different solutions available to resolve debt, but some of them are more aggressive than others. A writ of garnishment is one such method that has serious implications for the person involved.

What Is a Writ of Garnishment?

A writ of garnishment is an order that requires a third party, like an employer or bank, to withhold money that belongs to the defendant. In garnishment cases, the defendant is also known as the garnishee or judgment debtor. The money that is withheld from the garnishee is then delivered to a creditor in order to resolve outstanding debt.

How Is a Writ of Garnishment Obtained

The majority of wage garnishments require court approval in order to be enacted. Banks and credit card companies will utilize this method to regain money owed to them when other methods have failed. However, when the debt in question is owed to the federal government, court approval is not required. The federal government can employ an “administrative wage garnishment” to resolve past-due government debts like taxes and federally-funded student loans.   

What To Do If You Are Served With a Writ of Garnishment

If you are an employer or bank and you are served with a writ of garnishment to enact upon an employee or account holder, you are required by law to follow the terms of the garnishment. You cannot negotiate them yourself. If you are the personal recipient of a writ of garnishment, however, you should immediately contact the creditor responsible for the garnishment to determine if there is a way to resolve the debt without the need for a garnishment. The creditor may or may not be willing to work with you, so it’s always best to resolve issues of debt before they get to this point!

Accurate Serve Plantation is one of Florida’s leading headquarters for process of service. If you are a creditor who needs to quickly and effectively serve a writ of garnishment in order to be paid back a debt you are owed, the experts at Accurate Serve can help. Just call (954) 770-9997 to learn more.