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Wage Levies

April 24, 2012 | Comments: 0 | Views: 194

I am a Judgment Broker, and am not a lawyer. My articles are my opinions, and not legal advice. If you ever need any legal advice or a strategy to use, please contact a lawyer.

When your judgment debtor has a conventional job, wage levies (called wage garnishments in some states) can be used to recover a judgment. As with most other judgment enforcement tools, wage levies cost money and do not always work.

Wage levies are one of the top four judgment recovery tools. Liens, bank levies, and Sheriff auction sales of the judgment debtor's property, are three other popular judgment recovery tools.

Ideally, wage levies would always work, however in the real world, they often do not work. The first thing to check is, are wage levies allowed in your state? Most states allow wage levies. The first step in a wage levy, is finding out where your judgment debtor is employed.

What if your judgment debtor lives (and gets paid) in one state, however their employer is based in another state? Usually, you will have to domesticate your judgment to the state where the employer is based. Another possible remedy might be the long arm statues laws in the employer's state, which may allow a creditor to reach a judgment debtor's wages from another jurisdiction.

The next challenge is, is your judgment debtor self-employed? If so, a wage levy probably will not work if they pay themselves with bonuses, loans, as an independent contractor, or with some other shenanigans. One might need to perform judgment debtor examinations, to find where their money comes and goes. One might have to also ask the court to approve an assignment order.

The next complication might be, is there already an existing wage levy in place? Usually, only one wage levy is allowed on an employee at a time. If you find a levy is already in place, you have to wait (sometimes a long time) for your turn, until the other levies are done. Sometimes other (VIP) creditors, for example child support or government debt levies, outrank regular judgment creditors; and get first rights to attach a judgment debtor's wages.

Another consideration is usually, only 25% or less (especially if the judgment debtor does not earn very much) of an employee's wages may be levied. Sometimes a judgment debtor quits their job after your wage garnishment is put into place. That means you have to again find out where they work, and start over, paying the Sheriff and the court for each levy attempt.

To begin a wage levy, you buy a writ of execution (or some other appropriate) form from your court. Then you pay the Sheriff, and fill out their paperwork. Depending on where you live, you might also have to hire a process server, to serve the wage levy on the employer.

The Sheriff or a process server, serves the levy papers on the employer, and the employer withholds wages from their judgment debtor employee; and eventually you will probably get a series of checks until you are paid.

If you ever get a notice from a bankruptcy court, that your debtor has filed for bankruptcy protection, be sure to quickly notify the Sheriff to immediately stop your levy, and stop all your collection efforts.

After a levy is served, most judgment debtors will be mad. Some debtors may be embarrassed, some will go bankrupt, and some will want to settle or pay you, to get you to call off your levy. Of course, some will just let the wage levy continue until you are repaid in full, and that is a good outcome.

The latest versions of the best judgment articles, with search, is at http://www.judgmentbuy.com/JudgmentArticles.html

http://www.JudgmentBuy.com - Judgment Enforcement. The free, easiest, fastest, and best way for the best chance to get money for your judgment.

Mark D. Shapiro, the free judgment matchmaker. We have the best free judgment referral leads for enforcers, judgment buyers, collection agencies and contingency collection attorneys.

Source: EzineArticles
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