Equitable Garnishment: A Comprehensive Guide to Legal Proceedings
Definition & Meaning
Equitable garnishment is a legal process that allows a judgment creditor to seek the discovery of a judgment debtor's property or funds when a court judgment has not been fully satisfied. This process occurs after an execution has been returned unsatisfied, meaning the creditor has not been able to collect the owed amount. The creditor can initiate an action to compel the debtor and any third parties to reveal any assets or funds that can be used to satisfy the judgment.
Legal Use & context
Equitable garnishment is primarily used in civil law contexts, particularly in debt collection cases. It is a mechanism for creditors to enforce court judgments when debtors do not voluntarily pay. This process often involves legal forms and procedures that individuals can manage themselves, especially with the assistance of legal templates provided by services like US Legal Forms.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A creditor wins a court judgment against a debtor for $10,000. After several attempts to collect the debt, the creditor finds that the debtor has a bank account with $5,000. The creditor can file for equitable garnishment to access these funds to satisfy part of the judgment.
Example 2: A landlord obtains a judgment against a tenant for unpaid rent. The landlord can use equitable garnishment to discover if the tenant has any wages or other assets that can be used to fulfill the judgment. (hypothetical example)