Get Your Full Due With a Wage Garnishment

Wage garnishment is a common method of enforcing court-awarded monetary judgments. Very rarely do recently defeated parties voluntarily write a check for the full amount owed to the plaintiff. Therefore, most victorious litigants must resort to forcible means of collecting their debt.
Procedural overview of wage garnishment
In order to garnish a person’s wages legally, the judgment creditor must petition the presiding court for a writ of garnishment. This is essentially a court order directing the debtor’s employer to withhold a portion of the debtor’s wages for payment directly to the creditor or court. The maximum amount that may be garnished is established by applicable law.
Once a garnishment order is issued and properly served, the employer must comply under penalty of law. Failure to obey is grounds to be held in contempt of court. At the same time, debtors are unlikely to resign their employment merely to avoid paying a just bill. If the debtor changes jobs, the creditor must obtain another garnishment order directed to the debtor’s new employer.
A potent legal instrument
Sometimes, the mere threat of garnishment is sufficient to induce full payment or equitable negotiated settlement of a debt. This is because many employers frown on garnisheed wages as indicating instability and irresponsibility on the employee’s part. This is why wage garnishments can be very effective debt collection strategies.
Potentially problematic aspects of pay garnishments and effective solutions
Creditors often face the dilemma of not knowing where the debtor works. Without that knowledge, it is impossible to obtain a valid writ of garnishment. Nonetheless, private detective fees can exceed multiples of the total judgment debt. Fortunately, social media can help resolve this dilemma by making it easy to discover where a debtor is employed. Detailed profiles featured on social media sites often reveal the exact employer name and job title of a debtor.
Another relatively novel high-tech tool that can be quite helpful is online public records search engines. For a small fee, anyone may run a query to learn the last known address, place of employment, relatives’ names and other such personal data for any subject desired. Search results are typically returned within seconds or minutes after the subject’s data is entered. Even better news is that complete data is not always required to obtain thorough details about the desired subject. For instance, the last name alone may be enough to locate in-depth information about the subject.
By investing just a minimal amount of time and money, most judgment creditors can discover all relevant details necessary to enforce their legal rights. Free or low-cost resources are readily available online that offer instant access to pertinent data required to exploit the most powerful debt collection method in current existence.

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