Writs Of Garnishment Are Directed At Your Bank And Not At Your Bank Account

Judgment debtors frequently maintain multiple bank accounts at particular banks. Some accounts may be in the debtor’s individual name and subject to the creditor’s writ of garnishment. Other accounts may be exempt joint accounts, wage accounts, or even accounts in the name of a separate, non-debtor  business entity for which the debtor has signature authority.

Can Two Spouses Each Claim Head Of Household Exemption From Wage Garnishment If They Support Dependents From Prior Marriage?

A reader emailed me to following question: “Can a married couple both claim head of household exemption from wage garnishment if they life together, but where each spouse supports different dependents who are children of a previous marriage.”

Writ Of Garnishment May Not Work Against Debtor’s Account Opened At Bank Branch In Another State

I had always thought that a creditor can garnish a debtor’s bank account in any state where the bank maintained a branch office. For example, if a debtor opened a bank account at a small Georgia bank, and the bank had a branch in Florida, a Florida court could issue a writ garnishment against the…

Creditor Can Get Continuing Writ Of Garnishment Against Future Sales Commissions

A continuing writ of wage  garnishment is a powerful collection tool because a creditor can serve a single writ of garnishment on the employer which garnishes all future wages whenever payable into the future. The continuing writ has been used to garnish debtor employees who  receive the same paycheck on a periodic basis.

Can Creditor Garnish Unemployment Benefits Paid To Debtor Who Is Not Head of Household?

Creditors cannot garnish wages of Florida resident who is head of household. Wages earned by the spouse who is not head of household is subject to garnishment. Sometimes clients ask me what compensation is included in the definition of “wages” which are either exempt or are subject to garnishment.

Wage Garnishment Exemption Asserted By Both Spouses: Can There Be Two Heads Of Household In One Family?

A husband and his wife are jointly liable on a real estate bank loan and could not afford to continue payments. After they stopped making monthly payments the bank  sued both spouses to collect the full loan balance. Both spouses worked and were concerned that the bank would garnish their wages after getting a judgment.