Ancillary garnishment refers to a legal process used to assist in collecting a judgment owed to a plaintiff. It typically occurs when a plaintiff seeks to recover funds from a third party, known as a garnishee, who holds money or property belonging to the defendant. In some jurisdictions, this process can serve as the primary action, initiating the legal proceedings against the garnishee.
This term is commonly used in civil law, particularly in cases involving debt collection. Ancillary garnishment helps plaintiffs enforce judgments by allowing them to claim funds from a third party. Users may find it beneficial to utilize legal forms that simplify the garnishment process, ensuring that they follow the correct procedures as outlined by state law.
Here are a couple of examples of abatement:
Example 1: A creditor wins a lawsuit against a debtor for unpaid credit card debt. The creditor then files for ancillary garnishment to collect the owed amount directly from the debtor's employer, who holds the debtor's wages.
Example 2: A landlord obtains a judgment against a tenant for unpaid rent and seeks ancillary garnishment to collect the owed rent from the tenant's bank account. (hypothetical example)
| State | Garnishment Rules |
|---|---|
| California | Allows wage garnishment up to 25% of disposable earnings. |
| Texas | Generally prohibits wage garnishment except for specific debts like child support. |
| New York | Permits garnishment of up to 10% of disposable earnings. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Garnishment | A legal process to withhold funds from a debtor's income or bank account. | Ancillary garnishment specifically assists in enforcing a judgment. |
| Attachment | A legal seizure of property to secure a judgment. | Attachment occurs before a judgment is made, while ancillary garnishment follows it. |
If you are a plaintiff seeking to collect a judgment through ancillary garnishment, consider the following steps:
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