Needing Help on Getting a Garnishment on Someone

S.,

First of all I would have gotten a deposit which you may have. That would help. From my experiences with garnishment is onced the employer garnishes their wages the employee will up and quit. So therefore it is real hard to deal with. I wish you luck.

Take your garnishment to the clerk of the court, along with the information on the defendant's employer (name, address, & phone number). Tell them what you are trying to do, & they will give you the right form to fill out. There is a fee to garnish, BUT you can add that fee back in to the garnishment amount when you fill out the paperwork for the clerk of the court. Be sure to include any out of pocket expenses you've had so far (filing fees, or any other court fees). Someone in the clerk's office can assist you with filling out paperwork should you have questions. It sounds more complicated than it is. Hope this helps.

I believe you must contact his/her employer; by law they are required to garnish the person's wages and send to you instead. I believe that you must provide the employer with the proper court paperwork in order for this to happen. Good Luck!

Hi S.~
First step is to go to the county courthouse that you were awarded the judgment and they should have a brochure that will detail the steps of Post-Judgment collection. You typically have 3 options to either get the defendants wages garnished, garnish a bank account or seizing personal property or real estate. You have to have some information about the defendant~ where they work, where they bank, have they bought a home? If you don't know this information you can require the defendant to answer written question called Interrogatories or second option to bring them into court. Once you have the information you need to garnish you can begin the collection proceeding which will require the filling out of many forms (at the courthouse) and you can pursue more than one option i.e. bank account & wage garnishment. You will be required to pay small filing fees for each option and for service on the defendant. You can explore each of the options in more detail by talking to the people at the courthouse filing office and typically on their websites. I would also recommend you contact an attorney for legal advice if needed. I'm not able to give legal advice to you as I am an Associate Broker of Real Estate that does my own property management so I've been through the process several times. Best & quickest way to get paid is through garnishment of a bank account or wages. Unfortunately, you may have to weigh your time and cost vs. the collection amount to see whether it is worth the trouble. Good Luck!

It might differ from state to state slightly, but if you have a court order that states that you can garnish the person's wages, you just need to find out where they work and provide the paperwork to the company's payroll or human resources department. You can also send it to the IRS and they can levy the taxes (that part may take a little more time and paperwork). Also, look on line for your state requirements just to make sure there isn't other paperwork that needs to be filed. But that's all it should take. Good luck!

Hey S.,

I think you have to submit paperwork to the individual's HR department at their job, with a copy of the court order, etc. That's what I've heard.

Good luck!

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S.,

You should be able to get help through your local government dealing with landlord/tenant affairs. Contact them to see where they can send you. The next step after that is to contact your local politican be it a delegate or senator. You will have to put it in writing either via mail or email but contact their office first to see what the aide says and if they'll be able to help you. Also, contact your local legal aid office to get the legal advice you'll need. Hope this helps.

My husband is an attoney and works in this area of the law. Where do you live? He might be able to help you, or at least refer you to somewhere to find help.

If you know where they work, bring the court order to their place of business and speak to the people in HR.

If the person is unemployed, you need to go to the Department of Revenue and present the court order.

That's my best guess.

S.,

Do you know the name/address of the company the person works for? I had a previous situation like this, only the person was in my house and not paying, then later left the property still owing. Now I did initially sign up with a property attorney, who was able to start contact with the person as far as making arrangements for them to pay what they owed, and the attorney would get a percentage of whatever was recovered. However, it seemed at times that things were progressing slowly, so I took matters into my own hands and contacted the persons employment, via their HR/payroll department. By doing so, I found out this person had a history of not paying items and there had been numerous garnishments of her wages since she'd been working for the company. So basically, I had to get in line to wait to have her wages garnished. But I got all the paperwork submitted directly to her employer and by working with them, we were able to submit proper court papers to get a garnishment started. I would say you could get the majority of the work done on your own, as far as contact with the employer, and then bring an attorney in later on to help file the court papers.

I'm not quite sure I understand what you are saying???? If the court issued a garnishment against someone's wages, there should be nothing else to do. I have had someone wages garnished and the court submitted the paperwork to their job.

Misunderstanding in MD