2/3/10 -- Duration.  Garnishments on earnings are in place for 60 days, then can be renewed by starting the process over again.  Bank wirts are effective at the time received.

9/8/09 -- How Long.  For bank garnishments, expect it take 2 months.  For garnishment of earnings, the process takes about 4 months.  Garnishments involve multiple steps, with each step involving a waiting period.

8/19/09 -- Do It Yourself Garnishment Kits.  Do you really want to the frustration of trying to figure out how to fill out the forms and what steps to take?  If you go that route and get stuck, I can help you out.  I've never seen a kit that gives enough guidance to step you through the entire process.

5/18/09 -- Exempt Earnings.  There's always exceptions, but generally, in a wage garnishment the debtor is entitled to the larger of 75% of disposable earnings or $851.50 per month.  The monthly amount is tied to the federal minimum wage amount and goes up periodically.  Anything over this amount is subject to the garnishment writ. (note:  the amount is higher as of 7/24/09)

4/14/09 -- Now! Now! Now!  Alas, those days are over.  Looking back, I guess I did get spoiled with the quick turnaround times with the courts.  The courts got their share, and maybe more, of the budget cuts.  I decided to go with the flow and just accept the fact that documents will be processed by the court this month, or if not, next month.

3/4/09 -- Bank Fees.  Financial institutions receive $20.00 from the creditor to process a writ and often also charge the person being garnished.  If the garnishment is successful, the bank fee can be added on to the judgment amount.

2/10/09 -- Small Claims Court.  You got the judgment -- now what?  Send a copy of the judgment to the debtor with a self-addressed stamp envelope.  The debtor has 30 days to pay and that may happen.  If you haven't received payment and it has been 30 days from the date of the judgment, you can move the judgment from small claims to district court.  You can do this by sending a letter to the district court clerk.  Most counties also charge $20 for this service.  From there, you can garnish wages or  you can move it up to superior court and create a lien.

1/18/09 -- Employer's view point.  Employers are required to withhold immediately the correct amount from the employee's wages.  They are liable for the amount, even if they elect not to withhold it.  Also, it is unlawful to terminate the employee because of a garnishment action.  Small employers may not be familiar with the ins and outs of garnishment laws and should not hesitate to call the attorney issuing the garnishment for assistance.

12/8/08 -- Garnishment attorney fees.  This is a question that I get a lot, even after I have taken the time to explain it.  It's confusing.  Some costs of collecting a judgment are to be paid by the judgment debtor (that's the one who owes the money).  For a garnishment action, some costs are chargeable to the judgment debtor in full, like the court fees and postage.  A formula is used to determine the amount of attorney fees that can be charged to the judgment debtor.  The formula is 10% of the outstanding judgment amount, but no less than $50 and no more than $250.   So part of the attorney fee is chargeable to the debtor, however it is not the full amount.  And to further confuse things, if no money is recovered in the garnishment, no costs at all are chargeable to the debtor.

11/25/08 -- 10 Years.    A lot can happen in 10 years.  Or very little.  State law gives you 10 to collect on a judgment.  I've spent a few minutes reflecting on things that I've had on my to-do list for 10 years.  The one thing that stands out is obtaining a hot tub.  I'm no ordinary slacker though.  I have a list  of reasons that have prevented me from hot tub ownership.  First of all, I'd have to improve my backyard deck.  And then I'd have to research the right tub.  And probably the biggest obstacle, I'd have to lose 10 pounds.                         

11/24/08 -- Welcome to my blog.  I'm a short, to the point sort of writer, which works well if you're a fast, to the point sort of reader.  If you would to read more about any topic covered here, please send me an email.   --Bev