I won a judgement in court and now need to start garnishing their wages and bank acct
Debt Collection Attorney
I'm not aware of any way to file a wage garnishment pro se. It is, I believe, by definition, an attorney issued writ. Other folks responding may have different information but I don't believe there is a way to garnish wages without some attorney involvement.
Estate Planning Attorney
The court clerk can issue( mean sign) your writ of garnishment. You prepare (1) an Application for Writ of Garnishment and (2) the Writ itself ( the clerk just signs it does not prepare it) (3) Answer to Writ of Garnishment ( there are different versions of the Answer depending whether a bank or employer is answering and (4) Exemption form for the debtor to fill out and (5) Statement of Debtor's rights. Garnishment is kind of technical - see RCW 6.27
§ 6.27.005. Legislative intent
§ 6.27.010. Definitions
§ 6.27.020. Grounds for issuance of writ - Time of issuance of prejudgment writs
§ 6.27.030. Application of chapter to district courts
§ 6.27.040. State and municipal corporations subject to garnishment - Service of writ
§ 6.27.050. Garnishment of money held by officer - Of judgment debtor - Of personal representative
§ 6.27.060. Application for writ - Affidavit - Fee
§ 6.27.070. Issuance of writ - Form - Dating - Attestation
§ 6.27.080. Writ directed to financial institution - Form and service
§ 6.27.090. Amount garnishee required to hold
§ 6.27.095. Garnishee's processing fees
§ 6.27.100. Form of writ
§ 6.27.110. Service of writ generally - Forms - Requirements for financial institution - Return
§ 6.27.120. Effect of service of writ
§ 6.27.130. Mailing of writ and judgment or affidavit to judgment debtor - Mailing of notice and claim form if judgment debtor is an individual - Service - Return
1 lawyer agrees
Real Estate Attorney
I agree with the prevoius answers and would say garnishment is really a pain and you need an agency or attorney that has done it many times before.
Generally speaking this is just some information for creditors.
The key to successful collections is information about a “way to go” from the debtor.
The debtor's income stream from wages or contracts needs to be legally intercepted before the debtor gets it, or after the debtor puts the money in the bank. From contractual writs, to bank writs and attachments, to wage garnishments and attachments are normal points in the income stream that may be intercepted, extreme points are forced sale of assets like a sheriff’s sale.
Bear in mind that if the debtor is eligible for protection under bankruptcy law that is their “get out of jail free card” and can be played when eligible and you will have to pay back anything that you obtained from 90 days prior. An interesting issues is always the age of the account and fresher is better; when the debt hits the statute of limitations you are done.
Once you have a judgment and you can transcribe the judgment into the jurisdiction where the debtor lives or works you can collect.
If you have a judgment you can conduct supplemental proceedings or a debtor’s examination, or in the alternative, you can send interrogatories to the debtor.
If you suspect the debtor has transferred assets subsequent to your judgment and you can prove it, you have recourse under the Uniform Fraudulent Transfers Act if the act was adopted by your state or the debtor’s state or where the assets are located.
You can turn your account over to licensed and bonded collection agency for about half of the proceeds or hire a collection lawyer to work the account for a time or a percentage.
Good Luck and follow the FDPCA http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
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