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What is the procedure for filing a writ of garnishment after receiving a judgment against debtor in OR state
Medford, OR
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Posted about 1 year ago in Debt Collection
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writ of garnishment:
I received a judgment against a company that owes me money. Now I have to file a writ of garnishment. I have the garnishment forms but am not sure which ones I need to complete and send to the court. Also, I don't know how to find out the name of the bank the company uses. Do I really need that informaiton for the garnishment?
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Answers (2)
Brett D Weiss
This attorney is licensed in Dist. of Columbia and 1 other state.
Posted about 1 year ago.
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Yes, you need that information. The garnishment must be served on the entity holding the funds.
You have the right to call the company into court to answer questions about where its assets are located. In Maryland, this is called "Supplemental Proceedings," but the name varies from state to state. You may want to look into doing this (or hiring a collection attorney on an hourly or contingency basis to take care of this for you). Brett Weiss brett@BankruptcyLawMaryland.com www.BankruptcyLawMaryland.com ***************************************************************** The Small Print: This response is for discussion purposes only. It isn't meant to be legal advice and you shouldn't treat it as such. If you want legal advice, speak with a local lawyer familiar with your state's laws who can review *all* of the facts and the law applicable to your situation. ***************************************************************** 
Herbert Peter Kunowski
This attorney is licensed in California.
Posted 10 months ago.
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In California, levying upon bank accounts requires the state court judgment creditor to provide the local levying officer (i.e., county sheriff or marshal) with instructions as to the location of the deposit accounts to be levied upon, along with the writ of execution issued by the court. The levying officer handles preparation of the additional documents required, which include the notice of levy, memorandum of garnishee and list of statutory exemptions.
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