Writ of Garnishment

A Levels Academy Islamabad

Transcript

00:00This is probably a shock to no one, but creditors like collecting money they are owed.

00:05And if a debtor doesn't have any immediate means of paying back a debt,

00:09the creditor may attempt to gain court permission to collect money in a more indirect way.

00:14One of these ways is called a writ of garnishment.

00:17A writ of garnishment is a court order requiring a third party to hold the property or assets of a debtor for the benefit of the creditor.

00:25The third party, also known as a garnishee, can be something like the company you work for or your bank.

00:31Although the writ gives the creditor the right to collect wages, accounts, and the like, there is still maybe something you can do.

00:38For example, some types of accounts, such as joint accounts, may be exempt.

00:43You can challenge such a garnishment with the claim of exemption,

00:46using a form that must be provided to you by the creditor along with the writ of garnishment.

00:51This form allows you to potentially spare certain funds from collection because the law exempts them from garnishment.

00:57For example, if you are head of a household, your wages could be exempt because they are necessary for your family's well-being.

01:04Once you file the claim, the creditor has only three days to contest the exemption under oath.

01:09If they fail to do so in that time, you can use that against them in the claim of exemption hearing to eliminate the garnishment.

01:16Remember, an exemption is never automatic, no matter how eligible you may be.

01:20You still must make the claim of exemption and then prove to the court by presenting evidence that you deserve it.

01:26And there's often more options than what may be listed on a claim of exemption.

01:30To optimize your choices in delicate matters such as these, turn to LegalYou.

01:35We're there to help you navigate the rough seas of collection to get you to daylight.