A writ of garnishment is a legal order that instructs a third party, known as the garnishee, to hold or seize the property or funds of a defendant or judgment creditor. This process is often used to collect debts owed by the defendant. The garnishee can be an individual or a business that possesses the defendant's assets, such as wages or bank funds.
This term is commonly used in civil law, particularly in debt collection cases. A writ of garnishment allows creditors to secure payment from a debtor's assets held by a third party. Users may find it helpful to utilize legal forms provided by US Legal Forms to navigate the garnishment process effectively.
Here are a couple of examples of abatement:
Example 1: A creditor obtains a writ of garnishment against a debtor's wages. The employer, as the garnishee, must withhold a portion of the debtor's paycheck to satisfy the debt.
Example 2: A bank receives a writ of garnishment for a debtor's account. If the debtor has funds in the account, the bank must freeze those funds until the court decides how to proceed. (hypothetical example)
O.C.G.A. § 18-4-62 outlines the requirements for the contents and service of a summons of garnishment in Georgia. This statute mandates that the garnishee must file an answer within a specified timeframe after receiving the summons.
| State | Garnishment Rules |
|---|---|
| Georgia | Requires the garnishee to respond within 30 to 45 days. |
| California | Limits garnishment to 25 percent of disposable earnings. |
| Texas | Exempts certain types of income from garnishment. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Writ of Attachment | A court order to seize a defendant's property before a judgment is made. |
| Judgment Lien | A legal claim against a debtor's property to secure payment of a judgment. |
If you are facing a writ of garnishment, it's important to respond promptly. Consider consulting with a legal professional for tailored advice. Additionally, you can explore US Legal Forms for templates that can help you manage the garnishment process effectively.
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A writ of garnishment is a court order directing a third party to hold or seize a debtor's property to satisfy a debt.