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Understanding Continuous Writ of Garnishment: A Legal Overview
Definition & Meaning
A continuous writ of garnishment is a legal order that allows a creditor to collect a portion of a debtor's earnings or assets on an ongoing basis. This type of garnishment remains in effect until the court decides to terminate it or until the debt is fully paid. It is commonly used to secure payments for judgments, particularly against wages or salaries, ensuring that creditors can access funds as they become available.
Table of content
Legal Use & context
Continuous writs of garnishment are primarily used in civil law contexts, particularly in debt collection cases. They can be applied to various types of debts, including unpaid loans, credit card debts, and court judgments. Individuals or entities seeking to collect a debt can utilize this legal tool to ensure that payments are made consistently over time. Users can manage the process themselves with the appropriate legal templates available through resources like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A creditor obtains a judgment against a debtor for unpaid credit card debt. The court issues a continuous writ of garnishment to the debtor's employer, directing them to withhold a portion of the debtor's salary each pay period until the debt is paid off.
Example 2: A small business owner faces a continuous writ of garnishment for unpaid taxes. The state agency issues the writ to the business's bank, allowing them to withdraw funds directly from the business account to satisfy the tax debt. (hypothetical example)
Relevant laws & statutes
In Florida, for instance, the law governing continuous writs of garnishment can be found in Florida Statutes § 77.0305. This statute outlines the procedures for garnishing wages and the rights of both creditors and debtors in such cases.
State-by-state differences
State
Garnishment Limitations
Administrative Fees
Florida
Up to 25% of disposable earnings
$5 for the first deduction, $2 for each subsequent deduction
California
Up to 25% of disposable earnings
No administrative fees
Texas
Up to 25% of disposable earnings
No administrative fees
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Writ of Garnishment
A court order to withhold funds from a debtor's account.
Continuous writs are ongoing; standard writs may be one-time orders.
Judgment Lien
A claim against a debtor's property to secure payment.
Judgment liens attach to property; continuous writs attach to income.
Common misunderstandings
What to do if this term applies to you
If you are facing a continuous writ of garnishment, consider the following steps:
Review the court order to understand the terms and conditions.
Consult with a legal professional to discuss your options and rights.
Explore US Legal Forms for templates that can help you respond or manage the situation.
If you believe the garnishment is incorrect, you may have the right to contest it in court.
Find the legal form that fits your case
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