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How can I garnish my ex-landlord's bank account for a judgment?

How can I garnish my ex-landlord's bank account for a judgment?

Q: Can a creditor garnish your bank account without notice?

Yes, a creditor can garnish your bank account without prior notice. Typically, the creditor must first obtain a judgment against you, and then they can initiate the garnishment process without informing you beforehand. However, you may receive a notice after the garnishment is executed, depending on state laws.

Full question:

I have a judgement for payment of return of cleaning deposit against my ex-landlord. The judge said I could garnish her bank account. What do I need to do? Also, she is having an auction this week can I serve the company who is holding the auction for payment? If so what do I need to do?

Category: Debts and Credit
Subcategory: Garnishment
Date: 04/07/2025
State: Washington

Answer:

To garnish your ex-landlord's bank account, you need to apply for a writ of garnishment. This process involves the following steps:

File an affidavit with the court stating that you have a judgment that is not fully satisfied, the amount owed, and that you believe the bank (the garnishee) owes money to your ex-landlord.
Pay the required court fees.
If the court approves your application, they will issue a writ of garnishment, which you must serve to the bank.

Keep in mind that certain types of income are exempt from garnishment, such as welfare or Social Security benefits.

Regarding the auction, you cannot simply serve the auction company with a copy of the judgment to create a lien. A judgment lien must be filed with the court after obtaining a judgment. You may need to follow specific procedures to enforce the judgment, such as placing a lien on the property being auctioned. If you have a judgment, you can potentially enforce it through the sale of the debtor's property.

For more details, you can refer to Washington statutes, such as RCW 6.27.060 and RCW 6.27.070, which outline the garnishment process.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How much can a judgement take from my bank account?

The amount that can be garnished from your bank account typically depends on the total amount of the judgment and any exemptions that may apply. Generally, creditors can garnish funds up to the amount owed, but certain income types, like Social Security or welfare benefits, may be exempt from garnishment. It's important to check state laws for specific limits and exemptions that may apply to your situation.

Will I be notified if my bank account is garnished?

In most cases, you will not be notified before a bank account is garnished. However, after the garnishment occurs, you may receive a notice from your bank or the creditor informing you of the action taken. Some states require creditors to provide a notice of garnishment after it has been executed, so check your state's laws for specific requirements.

How do I protect my bank account from a judgement?

To protect your bank account from a judgment, you can consider several strategies. First, ensure that your income is from exempt sources, such as Social Security or disability benefits, as these are generally protected from garnishment. Additionally, you may want to keep your funds below the threshold that can be garnished or explore filing for bankruptcy, which can provide protection from creditors. Consulting with a legal professional can provide tailored strategies based on your circumstances.

Can a creditor garnish your bank account without notice?

How long after a judgement can bank accounts be seized?

Bank accounts can be seized shortly after a judgment is obtained, often within a few days to weeks, depending on the state and the creditor's actions. Once the creditor has the judgment, they can file for a writ of garnishment, which allows them to access your bank account. The exact timeline can vary based on court procedures and state laws.