Garnishment of Reverse Mortgages

If a judgment debtor is at least 62 years old and is a home owner, he or she may have taken out a reverse mortgage on his own home.  If so, is it possible for a judgment creditor to successfully execute a garnishment of the reverse mortgage payments?  The best answer to this question is “Maybe.”

You may be tired of hearing this, but the fact is that it all depends on which court jurisdiction is applicable to your judgment enforcement.  As we have said so many times, the statutes and rules of procedure vary from state to state and in some cases by federal jurisdiction.  What is possible in New Hampshire, for example, may not be allowed in New Mexico.  One has to look at the statutes, rules, and case law.

A reverse mortgage is based on a contract where the property owner grants a mortgage to a lender.  The lender pays to the mortgagor either a lump sum payment or a series of payments.  The borrower is not obligated to pay the loan back during his lifetime.  The bank agrees that if the loan is not repaid earlier, then the loan can be repaid by the sale of the property after the death of the borrower.

It is not unusual for a senior citizen to enter into a reverse mortgage agreement where he will receive a monthly payment stream for the remainder of his life.  This stream of payments or cash flow may prove to be very tempting to a judgment creditor that is determined to collect his judgment money.

A garnishment is a post judgment remedy for collecting a judgment.  In garnishment, a creditor is able to reach a judgment debtor’s assets while they are in the hands of a third party.  Common examples would be a wage garnishment where the 3rd party is the employer of the judgment debtor, or a bank garnishment where the bank is the party holding assets due to the debtor.  Garnishing a reverse mortgage would probably best be described as a form of bank levy or bank garnishment.

If we are able to successfully garnish the reverse mortgage payment stream from the bank or lender, we may establish a long term cash flow for ourselves.  The funds that we garnish could possibly pay off the entire judgment debt due to us.  At the very least it could put a good dent in it.

In some situations a borrower will get all of the money from his reverse mortgage in a single lump sum.  In these cases, there could be a bigger payday for a judgment creditor who successfully garnishes that money.

As far as we have been able to discover, garnishing a reverse mortgage seems to be a rare occurrence.  It appears that it may not be a realistic option as a judgment collection tool in some jurisdictions.  We would venture to say that even among experienced judgment lawyers or collection attorneys, there are not many of them that have ventured into the area of garnishing reverse mortgage payments.  However, that does not mean that it is not doable.  If the possibility of implementing garnishment procedures to attach or seize reverse mortgage money interests you, then we recommend that you thoroughly review the law, and jurisdictional rules of procedure which apply.  We also feel that a close inspection of the actual reverse mortgage contract would be in order.  In any case, consulting with a well qualified attorney would be advisable.

You should be able to find out whether your judgment obligor has taken out a reverse mortgage by checking the records filed at the recorders office or probate office in the county where his home is located.  Also, don’t neglect to check the records in any other county where he may have a second home.

Don’t leave any stone unturned in your quest to discover how to collect from your judgment debtor.

Bryan

Other informative articles about collecting judgments can be found at this link.

What Is a Levy?

What is a levy?  In post judgment enforcement a levy is a valuable tool which can be utilized to collect judgment money owed by a debtor.

Legally speaking, the term “levy” has more than one meaning.  One common usage of the word is to denote an assessment as when a taxing authority levies a tax.  There are several other meanings also.  The problem some of us have with the word levy stems from the fact that there are multiple meanings and uses of the word in legal jargon.

This post is strictly concerned with the use of the term as it relates to enforcing a court money judgment. 

“Levy” is a word which refers to the taking of a judgment debtor’s property or assets by means of a properly executed writ or order, for the purpose of collecting money owed on a judgment debt.  Each state has its own procedures and rules which dictate the lawful methods of implementing a levy in post judgment execution.  Typically the levy (or actual taking of property) is performed by the sheriff or other proper authority.  The sheriff responds to the writ of execution filed by the judgment creditor or his attorney by taking possession of whatever executable asset is to be levied.

Typically the assets once levied upon are held for a specified length of time and ultimately sold at auction.  The proceeds from the sheriff’s sale are then used to pay the judgment debt owed to the creditor.  Any excess funds above the amount needed to satisfy the judgment will normally be returned to the judgment debtor.

In some jurisdictions the debtor can repossess the levied asset by going ahead and paying off the judgment debt before the sheriff’s sale takes place.

There are usually certain costs associated with a levy and the subsequent sale.  Some of these expenses may have to be paid by the judgment creditor at the time of filing the writ of execution.  Many jurisdictions allow for the judgment creditor to add the expense of the levy and sale to the amount of the judgment debt.

Occasionally a garnishment is referred to as a levy.  Many times a bank garnishment is also spoken of as a “bank levy.”

A levy is a tremendous tool for collecting an unpaid judgment debt.  If we haven’t yet collected what we are owed, we would do well to familiarize ourselves with the laws, forms, and rules regarding the use of levies in our own states and jurisdictions.

What assets does your obligator own which could be levied to pay what he owes to you?

Bryan

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How I Collected Uncollectible Judgment

Well, if my money judgment was truly not collectible, how could I have collected my judgment money?  The title of this article “How I Collected Uncollectible Judgment” is admittedly a little bit of an exaggeration.  The truth is that this particular judgment debtor (we’ll call him Charles) had almost no significant executable assets and had been without discernible regular income for quite some time.  It did indeed appear that for the time being I was left holding an uncollectible judgment.

So how exactly did I collect an uncollectible judgment?  This article represents a somewhat unusual example of how using a bit of creative thinking and some negotiating skills resulted in the complete collection of an unpaid judgment debt.  I will tell you how I got paid.

First let me explain that my judgment debtor, Charles, contacted me in response to a letter that I sent him soon after I acquired the unpaid judgment from the original judgment creditor.  At no time did my debtor appear to avoid me.  He initially informed me that he was “judgment proof” due to his lack of income and assets.  Charles had been living with relatives for over a year and had not worked in over 2 years.  My own judgment investigation seemed to corroborate his story.  The entire judgment debt including interest was less than $3000.  I was looking at a judgment debtor with no employer from which I could garnish wages, no bank account, no real estate, no stocks bonds or investments, and no vehicle nor any other non-exempt assets.  Well, this wasn’t a 100% accurate assessment of my debtor’s finances.  He did have one unusual asset with potential to satisfy the judgment debt owed to me.  My debtor had won a money judgment from a lawsuit several years prior.

It was my own investigation that turned up the fact that he had been awarded a money judgment that appeared to still be unsatisfied.  As far as the court records showed, this judgment had never had a single penny paid on it.  As interest accrued, this unpaid judgment was now worth about $9,000.  I doubt if Charles had any clue that his own judgment debtor owed him that kind of money.  Charles wasn’t the kind of person that would have even attempted to learn how to collect his judgment money on his own.

What was interesting is that the judgment debtor who owed money to my own debtor was a local business (we’ll call it ABC Co.) that was still in its infancy when Charles won a judgment against it.  Since that time, this local business had grown tremendously and had become quite well known in this region and was now highly successful in its specialty.  There was no doubt in my mind that this business had plenty of executable assets from which to satisfy the judgment that Charles had been awarded.

Since I had previously engaged in discussions with Charles about the money he owed to me, I knew he didn’t claim that he did not owe the money.  He only claimed that he lacked the ability to pay.

Knowing this, I approached Charles about finding a way to satisfy my judgment.  As expected, he denied having the ability to pay the debt.  I expressed some degree of sympathy with him about the fact that my judgment was a source of stress in his life and a serious drag on his credit rating and reputation.  In the course of conversation I got around to getting him to agree that he would pay me if he only had means to do so.  I mentioned that I had come across a court record where he had won a judgment in court against ABC Company.  As expected, he confirmed that he had won the judgment several years before, but he never got paid any of the judgment money.  I informed Charles that the vast majority of judgment owners never collect their money.  His was not a rare case, but an all too common situation.  I asked him why he never got paid by ABC Company.  He said he contacted them a time or two right after winning the lawsuit, but when they didn’t pay, he gave up trying to collect.

As the conversation went on, I got around to asking Charles if he would be open to an idea whereby his entire unpaid judgment debt owed by him to me could be cleared up once and for all.  He agreed that this would be what he would desire.  I brought up to Charles that I might be willing to take ownership of his judgment against ABC Company in exchange for satisfying the entire judgment debt owed to me.  He perked up at the suggestion.  Once he responded to this idea, we negotiated a settlement of his judgment that gave me complete ownership of the ABC Co. judgment and Charles was forever free from owing me anything.  The result was thoroughly pleasing to Charles.  I was happy as well.

I recorded an Acknowledgement of Satisfaction of Judgment at the court house.  This cleared up Charles debt for all the world to see.

Then I recorded the assignment of the ABC Company judgment from Charles to me.

Afterward when I informed ABC Co. of the Assignment of Charles’ judgment there was a response that led me to believe they would not voluntarily pay me the $9,000 they owed me.  I pursued an asset investigation of ABC Co. in the course of which I easily identified executable assets that would pay the judgment debt.  I chose to employ a bank levy which I timed to hit their bank just before their bi-weekly payroll was due.  Needless to say, I collected every penny that was owed on the judgment including all of the substantial interest.

The purpose of this article is to cause us to be open to any and every sort of income or asset owned by our judgment debtors.  By doing our due diligence in the asset investigation of our judgment debtors, we can sometimes uncover a way to get paid when there seems at first to be no way.

Some judgment creditors look only at garnishing a bank account or a debtor’s wages.  There are so many more possibilities than those two.  I trust you enjoyed reading “How I Collected Uncollectible Judgment.”

Here’s hoping we both succeed in collecting every cent owed to us by our judgment debtors.

Bryan

Click on this link to find links to all of our helpful articles.

Garnishment Definitions for Judgment Enforcer

We realize that some of us are laymen when it comes to collecting our judgments.  Because of this fact, some of us are still a little confused as to some of the basic words and terminologies relating to enforcing our judgments.  For this reason, we have decided to post a simple article which clarifies our understanding about some of these definitions.  This post will focus on terms related to garnishment definitions for judgment enforcers.  We will be using definitions which are our own.  You might want to check other sources for the legal definitions of these words.

The words or terms which we think will be most helpful are the following:  Garnish, Bank Levy, Wage Garnishment, Garnishor, and Garnishee.

  • Garnish – This verb refers to the act of seizing property held by a third party, for the express purpose of collecting a legal debt.
  • Bank Levy – This is another common term used synonymously with “bank garnishment”.
  • Wage Garnishment – This is a legal process for seizing wages of an employee from his or her employer in order for the wages to be redirected towards payment of a judgment debt.
  • Garnishee – This refers to the third party person or entity that is holding money owed to a debtor, and from which they are legally seized to pay a judgment debt.  Common examples of a garnishee would be a bank or debtor’s employer.
  • Garnishor – This is the creditor, in our case a judgment creditor, who files a garnishment action to seize money which will be used as payment of a money judgment debt.

As you can easily understand, there are three primary parties to a garnishment execution.  The garnishor is the creditor or party executing the garnishment action.  The garnishee is the party being required to turn over money, or assets belonging to the judgment debtor, and is the party responsible to hand it over to either the creditor or designated court official.  Lastly, the judgment debtor is the party whose money or assets are being seized or turned over.

Laws and rules controlling garnishment procedures vary from state to state and in some instances from jurisdiction to jurisdiction.  We are cautious to follow those laws and rules as they apply for a particular situation.  When in doubt, we don’t hesitate to consult with a qualified judgment attorney.

You can find garnishment laws for all 50 states by accessing the links below.

  1. Alabama Alaska Arkansas
  2. Arizona California Colorado
  3. Connecticut Delaware District of Columbia
  4. Florida Georgia Hawaii
  5. Idaho Illinois Indiana
  6. Iowa Kansas Kentucky
  7. Louisiana Maine Maryland
  8. Massachusetts Michigan Minnesota
  9. Mississippi Missouri Montana
  10. Nebraska Nevada New Hampshire
  11. New Jersey New Mexico New York
  12. North Carolina North Dakota Ohio
  13. Oklahoma Oregon Pennsylvania
  14. Rhode Island South Carolina South Dakota
  15. Tennessee Texas Utah
  16. Vermont Virginia Washington
  17. West Virginia Wisconsin Wyoming

We hope this has been helpful and informative for you.  Garnishment definitions for judgment enforcers is essential information when considering whether garnishment is a viable option to employ when collecting a money judgment.

Bryan

Click here to go to a page listing links to all judgment enforcement articles on this blog site.

State Garnishment Laws: Links

Below you will find the quick links to all of our previous posts containing the various garnishment laws of the 50 states and the District of Columbia.

Alabama, Alaska, Arkansas 

Arizona, California, Colorado 

Connecticut, Delaware, Dist. of Columbia 

Florida, Georgia, Hawaii 

Idaho, Illinois, Indiana 

Iowa, Kansas, Kentucky 

Louisiana, Maine, Maryland 

Massachusetts, Michigan, Minnesota 

Mississippi, Missouri, Montana       

Nebraska, Nevada, New Hampshire 

New Jersey, New Mexico, New York 

North Carolina, North Dakota, Ohio 

Oklahoma, Oregon, Pennsylvania 

Rhode Island, South Carolina, South Dakota 

Tennessee, Texas, Utah 

Vermont, Virginia, Washington 

West Virginia, Wisconsin, Wyoming 

Click here to go to a page listing links to all articles on this blog site.

State Garnishment Laws: West Virginia, Wisconsin, and Wyoming

Here you will find judgment laws and rules which apply for the area of garnishments in the states of West Virginia, Wisconsin, and Wyoming.  Realize that codes, regulations, and court rules change from time to time.  You will want to check to confirm that these state statutes are up to date as of the time you need to apply them. State garnishment laws will dictate how you must proceed with implementing a garnishmentGarnishments are a primary part of judgment law.

West Virginia Procedural Requirements

On a judgment of money, there may be issued an execution known as a writ of
fieri facias. W. Virginia. Code _ 3845. To ascertain the Statutee on which a
writ of fieri facias issued by any court of record, or an execution issued by a
justice of the peace [magistrate], is a lien, the clerk of court from which the
execution issued, or, if it was issued by a justice of the peace [magistrate],
the clerk of the circuit court of the county in which such justice [magistrate]
resides, shall issue a summons against any debtor or bailee of the execution
debtor, requiring such debtor or bailee to appear before a commissioner in
chancery of the county where such debtor or bailee resides, such commissioner
and his county to be named in the summons, such appearance to be made at a time
and place to be designated therein, to answer upon oath such questions as shall
be propounded at such time and place by counsel for the execution creditor, or
by the commissioner. W. Virginia. Code _ 3851.

Upon a suggestion by the judgment creditor that a person is indebted or
liable to the judgment debtor or has in the person’s possession or control
personal property belonging to the judgment debtor, which debt or liability
could be enforced, when due, or which property could be recovered, when it
became returnable, by the judgment debtor in a court of law, and which debt or
liability or property is subject to the judgment creditor’s writ of fieri
facias, a summons against such person may be issued out of the office of the
clerk of the circuit court of the county in which such person so indebted or
liable, or so having such personal property, resides upon an attested copy of
such writ of fieri facias being filed with the clerk to be preserved in the
clerk’s office, requiring such person to answer the suggestion in writing under
oath. The return day of the summons shall be the next term of the court. The
suggestion by the judgment creditor provided for herein shall include, to the
extent possible, the present address and social security number of the judgment
debtor, which information shall be made available to the person suggested for
purposes of identifying the judgment debtor and facilitating a proper answer to
the suggestion. W. Virginia. Code _ 38510.

If it appears from the answer of the person suggested that, at the time the
writ of fieri facias was delivered to the officer to be executed, or thereafter,
and before the time of the service of the summons, or the return day of the writ
of fieri facias, whichever comes first, the person was indebted or liable to the
judgment debtor, or had in the person’s possession or under the person’s control
any personal property belonging to the judgment debtor, and that the person had
not, before notice of the delivery of the writ of fieri facias to the officer,
paid the money or delivered the property to the judgment debtor, or upon the
judgment debtor’s order, and that the debt or liability to pay the money or
deliver the property was not evidenced by a negotiable instrument, the court may
order the person to pay the amount so due from the person and to deliver the
property, or any part of the money or property, to such person as the court may
designate as receiver. W. Virginia. Code _ 38515.

Interest Rate at which Judgments Accrue Every judgment or
decree for the payment of money entered by any court of this Statutee shall bear
interest from the date thereof, whether it be so Statuteed in the judgment or
decree or not at the rate of ten dollars upon one hundred dollars per annum. If
a judgment or decree, or any part thereof, is for special damages (lost wages
and income, medical expenses, damages to tangible property, and similar
out-of-pocket expenditures, as determined by the court) or for liquidated
damages, the amount of such special or liquidated damages shall bear interest
from the date the right to bring the same shall have accrued. W. Virginia. Code
_ 56631. 4.0.

Wisconsin Procedural Requirements

Upon payment to the clerk of court of the proper fee, the clerk shall issue a
garnishee summons together with sufficient copies to the plaintiff or his or her
attorney. The summons form may be in blank, but must carry the court seal. A
garnishment action shall be commenced by the filing of a garnishee summons and
annexed complaint, except no action shall be deemed commenced as to any
defendant upon whom service of authenticated copies of the summons and the
complaint has not been made within 60 days after filing. Wis. Statute. Ann. _
812.04.

The garnishee complaint in a garnishment action after judgment must allege
the existence of the grounds for garnishment mentioned in _ 812.02(1)(b) (an
execution upon an in personam judgment is issuable), and the name and location
of the court, case number, if any, date of entry and amount of the judgment on
which the garnishment action is based, the amount of the plaintiff’s claim
against the defendant and disbursements, not to exceed $40, above all offsets
known to the plaintiff, and that plaintiff believes that the named garnishee is
indebted to or has property in his or her possession or under his or her control
belonging to the defendant (naming him or her) and that the indebtedness or
property is, to the best of plaintiff’s knowledge and belief, not exempt from
execution. Wis. Statute. Ann. _ 812.05.

Note, a plaintiff may not commence any garnishment action affecting the
property of a spouse who is not a defendant in the principal action unless the
spouse is a defendant in the garnishment action. Wis. Statute. Ann. _
812.02(2e). A garnishee shall be entitled to $3 as garnishee fee, and shall not
be required to answer unless such fee is first paid. When a corporation is
garnisheed such fee shall be paid to the person upon whom the garnishee summons
and complaint is served. Such fee shall be taxes as costs in the action the same
as witness fees are taxed. Wis. Statute. Ann. _ 812.06.

The garnishee summons and complaint shall be served on the garnishee as
required for the exercise of personal jurisdiction under chapter 801 (generally
personal service), and notice of such service or a copy of the garnishee summons
and complaint, together with the summons in the principal action, shall be
served on the principal defendant not later than 10 days after service on the
garnishee. Wis. Statute. Ann. _ 812.07.

From the time of service upon the garnishee, the garnishee shall be liable to
the creditor for the property then in the garnishee’s possession or under his or
her control belonging to the debtor or in which the debtor is interested to the
extent of his or her rights or interest therein and for all the garnishee’s
debts due or to become due to the debtor, except such as are exempt from
execution, or are required by a court to be paid by the debtor as restitution
under _ 973.20, but not in excess of the amount of the creditor’s claim. Wis.
Statute. Ann. _ 812.18.

Property in a safe deposit box in any bank or safe deposit company is not
property in the possession or control of such bank or safe deposit company
within the meaning of this subchapter. Wis. Statute. Ann. _ 812.19. In case of a
trial of an issue between the plaintiff and any garnishee, the prevailing party
shall recover taxable costs. Wis. Statute. Ann. _ 812.22.

Interest Rate at which Judgments Accrue If the judgment is
for the recovery of money, interest at the rate of 12% per year from the time of
verdict, decision or report until judgment is entered shall be computed by the
clerk and added to the costs. W.S.A. _ 814.04. Every execution upon a judgment
of money shall direct the collection of interest at the rate of 12% per year on
the amount recovered from the date of the entry thereof until paid. W.S.A. _
815.05. Applicable Forms Garnishee Summons, Wis. Statute. Ann. _ 812.07. 4.0.

Wyoming Procedural Requirements

At any time after entry of judgment, the judgment creditor may obtain
discovery by interrogatories, depositions or otherwise, from any person,
including the judgment debtor, in accordance with the Wyoming Rules of Civil
Procedure. A person served with notice of discovery shall hold for the benefit
of the judgment creditor from the time of service all property, money and
credits in his hands belonging to the judgment debtor or due to him. Wyo.
Statute. Ann. _ 117402.

A post judgment writ of garnishment is available to satisfy a money judgment.
Wyo. Statute. Ann. _ 115401. After the entry of a judgment requiring the payment
of money, the clerk of the court from which execution could issue shall, upon
application of the plaintiff, issue one or more writ of post judgment
garnishment. Wyo. Statute. Ann. _ 115405.

A writ of post judgment garnishment shall be issued in the name of the
Statutee of Wyoming and shall be directed to the person or persons designated in
the plaintiff’s affidavit as garnishee. The writ shall advise each person that
until further order of the court or until the garnishee has complied with the
requirements of _ 115 407(c) (answer and delivery to court), he is attached as
garnishee in the action, command him not to pay any debt due or to become due to
the defendant which is not exempt from execution and to retain possession and
control of all credits, chattels, goods, effects, debts, chooses in action,
money and personal property and rights to property of the defendant not exempt
from execution. Wyo. Statute. Ann. _ 115406.

The garnishee shall mail a copy of his answers to the plaintiff and defendant
if, at the time he is served with the writ, the garnishee is furnished with
stamped envelopes addressed to the parties. Wyo. Statute. Ann. _ 115407.

A writ of post judgment garnishment shall be served on the garnishee in the
same manner as a summons (personal service). Not later than 5 days after service
is made upon the garnishee the sheriff or other person who served the writ shall
mail a copy of the writ to the defendant. The papers [writ] shall be sent by
first class United Statutees mail with postage prepaid. The envelopes [envelope]
shall be furnished and properly addressed by the plaintiff. Wyo. Statute. Ann. _
115409.

No person shall be liable as garnishee for having drawn, accepted, made or
endorsed any negotiable instrument in the hands of the defendant at the time of
service of the writ of post judgment garnishment when the negotiable instrument
is not due. Wyo. Statute. Ann. _ 115418.

Interest Rate at which Judgments Accrue All decrees and
judgments for the payment of money shall bear interest at ten percent per year
from the date of rendition until paid. If the decree or judgment is founded on a
contract and all parties to the contract agreed to interest at a certain rate,
the rate of interest on the decree or judgment shall correspond to the terms of
the contract. A periodic payment or installment for child support or maintenance
which is unpaid on the date due and which on or after July 1, 1990, becomes a
judgment by operation of law shall not bear interest. Wyo. Statute. Ann. _
116102. 4.0.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

If you need legal advice in order to apply these statutes, don’t hesitate to consult with a judgment lawyer who is licensed in your state.

You can find links to the complete sets of statutes for all 50 states by clinking on this link:

http://www.enforcementinstitute.com/?p=80

Good luck applying judgment laws in order to enforce your judgment!

Bryan

Click here to go to a page listing links to all articles on this blog site.

State Garnishment Laws: Vermont, Virginia, and Washington

Here you will find judgment laws and rules which apply for the area of garnishments in the states of Vermont, Virginia, and Washington.  Realize that codes, regulations, and court rules change from time to time.  You will want to check to confirm that these state statutes are up to date as of the time you need to apply them. State garnishment laws will dictate how you must proceed with implementing a garnishmentGarnishments are a primary part of judgment law.

Vermont Procedural Requirements

Trustee process may be used in any civil action commenced in a superior court
or the district court except in actions for malicious prosecution, libel,
slander or alienation of affections. Vt. Statute. Ann. art. 12, _ 3011. A person
or corporation, or the Statutee of Vermont by service upon the Statutee
treasurer, may be summoned as a trustee of the defendant. The goods, effects or
credits of the defendant which are in the hands of such trustee at the time of
service of the writ upon the trustee, or which come into the trustee’s hands or
possession before disclosure, shall thereby be attached and held to respond to
final judgment in the cause. Vt. Statute. Ann. art. 12, _ 3013.

Where issuance of post judgment trustee process is authorized by law, the
judgment on which execution has issued shall be deemed an order of approval
authorizing the clerk to issue one or more summons to any trustee specified by
the judgment creditor, provided that no such summons shall be issued with
respect to earnings and the sum of the amounts for which the goods, effects or
credits of the debtor attached on trustee process does not exceed the amount
that may be collected in levying execution. The judgment creditor also shall
serve on the trustee and the debtor a disclosure form and list of exemptions.
Vt. R. Civil. P. 4.2(k).

Each summons to a trustee shall be filled out and issued to the plaintiff’s
attorney by the clerk of the court in the county where the judgment was entered
or the trustee resides. Vt. R. Civil. P. 4.2(b)(1). The summons to a trustee
shall be dated and signed by the clerk. It shall contain the name of the court,
the names of the parties, and the order of approval (the judgment on which
execution has issued). It shall be directed to the trustee, Statutee the name
and address of the plaintiff’s attorney, the amount for which the goods,
effects, or credits of the defendant are attached, and the time within which
these rules require the trustee to make disclosure. It shall notify the trustee
that in case of the trustee’s failure to do so the trustee will be defaulted and
adjudged trustee as alleged. The amount so attached shall not exceed the amount
specified in the order of approval. Vt. R. Civil. P. 4.2(c).

The plaintiff’s attorney shall deliver to the person who is to make service
the original trustee summons upon which to make his or her return of service and
two copies thereof for service upon the defendant and trustee. The trustee
summons shall be served in like manner and with the same effect as other
process. Plaintiff’s attorney shall also serve a disclosure form on the trustee
along with the summons (personal service or first class mail, postage prepaid
with a notice and acknowledgment and a return envelope, postage prepaid,
addressed to sender). If the answer on the disclosure form do not provide
adequate information, plaintiff may submit interrogatories to the trustee
pursuant to Rule 33, but such interrogatories must be concise. A list of
exemptions shall also be served on the defendant and the trustee. Vt. R. Civil.
P. 4.2(d).

When a person is adjudged a trustee, his costs and charges shall be retained
out of the goods, effects and credits in his hands, and he shall be chargeable
on execution for the balance. Vt. Statute. Ann. art. 12, _ 3084. When a person
is adjudged a trustee on account of specific articles of personal property, he
shall not be obliged to deliver the same to the officer serving the execution,
until his costs and charges are fully paid or tendered. Vt. Statute. Ann. art.
12, _ 3085.

When the trustee is discharged, he shall recover judgment against the
plaintiff for his costs and charges and have execution thereof. Vt. Statute.
Ann. art. 12, _ 3086. The plaintiff in a trustee process shall give security for
costs to the trustee by way of recognizance by some person other than the
plaintiff. The security shall be in the sum of $10 for a summons returnable
before the district court and in the sum of $50 for a summons returnable to a
superior court. If trustee process issues without a minute of the recognizance,
with the name of the surety and the sum in which he is bound, signed by the
clerk, thereon, the trustee shall be discharged. Vt. Statute. Ann. art. 12, _
3087.

Interest Rate at which Judgments Accrue In the writ of
execution, the clerk shall set forth the amount of post judgment interest due
per day, calculated on the full amount of principal included in the judgment at
the maximum rate allowed by law. Vt. R. Civil. P. 69. The legal rate of interest
shall be twelve percent per annum. Vt. Statute. Ann. tit. 9, _ 41a. Applicable
Forms Notice and Acknowledgment, Vt. R. Civil. P., Form 1B or 1C. List of
exemptions, Vt. R. Civil. P., Form 34. Summons to Trustee, Vt. R. Civil. P.,
Form 2A. Trustee’s Disclosure, Vt. R. Civil. P., Form 21A. 4.0.

Virginia Procedural Requirements

On a judgment for money, it shall be the duty of the clerk of the court in
which such judgment was rendered, upon request of the judgment creditor, to
issue a writ of fieri facias at the expiration of twenty one days from the date
of the entry of the judgment and place the same in the hands of the proper
officer of such court to be executed and take his receipt therefor. Virginia.
Code Ann. _ 8.01 466.

To ascertain the personal Statutee of a judgment debtor to which the debtor
named in a judgment and fieri facias is entitled, upon the application of the
execution creditor, the clerk of the court from which such fieri facias issued
shall issue a summons against any debtor to, or bailee of, the execution debtor.
The summons shall require him to appear before the court from which the fieri
facias issued or a commissioner of a county or city contiguous thereto, or upon
request of the execution creditor, before a like court or commissioner of the
county or city in which the execution debtor resides, or of a county or city
contiguous thereto, to answer such interrogatories as may be propounded to him
by the execution creditor or his attorney, or the court, or the commissioner, as
the case may be. As a condition precedent to such a proceeding, the execution
creditor must furnish the court with a certificate setting forth that he has not
proceeded against the execution debtor under this section within the six months
last preceding the date of such certificate. Virginia. Code Ann. _ 8.01506.

Any money, bank notes, securities, evidences of debt, or other personal
Statutee, tangible or intangible, which it may appear by such answers are in
possession of or under the control of the debtor or his debtor or bailee, shall
be delivered by him or them, as far as practicable, to the officer to whom was
delivered the fieri facias, or to some other, or in such manner as may be
ordered by the commissioner or court. Virginia. Code Ann. _ 8.01507.

On a suggestion by the judgment creditor that, by reason of the lien of his
writ of fieri facias, there is a liability on any person other than the judgment
debtor, a summons in the form prescribed by _ 8.01512.3 may be sued out of the
clerk’s office of the court from which an execution on the judgment is issued or
be sued out of the clerk’s office to which an execution issued thereon has been
returned against such person. The summons and the notice and claim for exemption
form shall be served on the garnishee, and shall be served on the judgment
debtor promptly after service on the garnishee. Service on the judgment debtor
and the garnishee shall be made pursuant to subdivision 1 or 2 of _ 8.01296
(mainly personal service).

When making an application for garnishment, the judgment creditor shall set
forth on the suggestion for summons in garnishment the last known address of the
judgment debtor, and shall furnish the clerk with an envelope, with first class
postage attached, addressed to such address, whereupon a copy of the summons and
the notice for exemptions form shall be inserted into such envelope by the clerk
and sent to the sheriff with the process to be served. The judgment creditor
shall furnish the social security number of the judgment debtor to the clerk,
unless excepted by law. The judgment creditor shall, in the suggestion, specify
the amount of interest, if any, that is claimed to be due upon the judgment,
calculated to the return day of the summons. He shall also set out such credits
as may have been made upon the judgment. Virginia. Code Ann. _ 8.01511.

Interest Rate at which Judgments Accrue The judgment rate of
interest shall be an annual rate of nine percent, except that a money judgment
entered in an action arising from a contract shall carry interest at the rate
lawfully charged on such contract, or at nine percent annually, whichever is
higher. Interest at the judgment rate, where no rate is fixed by the contract,
shall apply to both prejudgment interest and to post judgment interest.
Virginia. Code Ann. _ 6.1330.54. Applicable Forms Garnishment Summons, Virginia.
Code Ann. _ 8.01512.3. Notice of Exemptions, Virginia. Code Ann. _ 8.01512.4.
4.0.

Washington Procedural Requirements

The clerks of the superior courts and district courts may issue writs of
garnishment returnable to their respective courts for the benefit of a judgment
creditor who has a judgment wholly or partially unsatisfied in the court from
which the garnishment is sought. Wash. Rev. Code Ann. _ 6.27.020.

The judgment creditor as the plaintiff shall apply for a writ of garnishment
by affidavit, Statuteing the following facts: (1) The plaintiff has a judgment
wholly or partially unsatisfied in the court from which the writ is sought; (2)
the amount alleged to be due under that judgment; (3) the plaintiff has reason
to believe, and does believe that the garnishee, Statuteing the garnishee’s name
and residence or place of business, is indebted to the defendant in amount
exceeding those exempted from garnishment by any Statutee or federal law; and
(4) whether or not the garnishee is the employer of the judgment debtor. The
judgment creditor shall pay to the clerk of the superior court the fee provided
by _ 36.18.020 ($20 for each garnishee named in an affidavit for garnishment),
or to the clerk of the district court the fee of two dollars. Wash. Rev. Code
Ann. _ 6.27.060.

A writ of garnishment directed to a bank, savings and loan association, or
credit union that maintains branch offices shall identify either a particular
branch of the financial institution or the financial institution as the
garnishee defendant. The head office of the financial institution shall be
considered a separate branch. The Statuteement may be incorporated in the writ
or served separately. Service shall be by certified mail, return receipt
requested, directed to or by personal service, in the same manner as a summons
in a civil action is served, on the manager, cashier, or assistant cashier of
the financial institution, except that, if the financial institution, and not a
branch, is named as garnishee defendant, service shall be either on the head
office or on the place designated by the financial institution for receipt of
service of process. There shall be served with the writ, as part of the service,
a Statuteement in writing signed by the plaintiff or plaintiff’s attorney,
Statuteing (a) the defendant’s place of residence and business, occupation,
trade, or profession, or (b) the defendant’s federal tax identification number,
or (c) the defendant’s account number, if such information is not incorporated
in the writ. A writ naming the financial institution as the garnishee defendant
shall be effective only to attach deposits of the defendant in the financial
institution and compensation payable for personal services due to the defendant
from the financial institution. A writ naming a branch as garnishee defendant
shall be effective only to attach the deposits, accounts, credits, or other
personal property of the defendant (excluding compensation payable for personal
services) in the possession or control of the particular branch to which the
writ is directed and on which service is made. Wash. Rev. Code Ann. _ 6.27.080.

The writ of garnishment shall set forth in the first paragraph the amount
that the garnishee is required to hold, which shall include the amount of the
judgment remaining unsatisfied plus interest to the date of garnishment plus
taxable costs and attorney’s fees and the estimated costs of garnishment. Costs
recoverable in garnishment proceedings include filing fee, service and affidavit
fees, postage and costs of certified mail, answer fee or fees, and a garnishment
attorney fee in the amount of the greater of fifty dollars or ten percent of the
amount of the judgment remaining unsatisfied. The garnishment attorney fee shall
not exceed two hundred fifty dollars. Wash. Rev. Code Ann. _ 6.27.090.

Service of the writ of garnishment on the garnishee is invalid unless the
writ is served together with four answer forms, three stamped envelopes
addressed respectively to the clerk of the court issuing the writ, the attorney
for the plaintiff, and the defendant, and cash or a check made payable to the
garnishee in the amount of ten dollars. If a writ of garnishment is served by
mail, the person making the mailing shall file an affidavit showing the time,
place, and manner of mailing and that the writ was accompanied by answer forms,
addressed envelopes, and cash or a check and shall attach the return receipt to
the affidavit. Wash. Rev. Code Ann. _ 6.27.110.

From and after the service of a writ, it shall not be lawful for the
garnishee to pay any debt owing to the defendant at the time of such service, or
to deliver, sell or transfer, or recognize any sale or transfer of, any personal
property or effects belonging to the defendant in the garnishee’s possession or
under his control at the time of such service. This restriction does not apply
to any portion of a debt that is exempt from garnishment or any funds or
property in excess of the amount Statuteed in the writ if the garnishee
continues to hold an amount equal to the amount Statuteed in the writ. Wash.
Rev. Code Ann. _ 6.27.120.

When a writ is issued, on or before the date of service of the writ on the
garnishee, the judgment creditor shall mail or cause to be mailed to the
judgment debtor, by certified mail, addressed to the last known post office
address of the judgment debtor a copy of the writ and a copy of the judgment or,
if it is a district court judgment, a copy of the judgment creditor’s affidavit,
and the notice and claim form. Alternatively, the judgment creditor may serve
the Statuteed documents on the judgment debtor personally. Proof of service
shall be filed with the clerk of court. Wash. Rev. Code Ann. _ 6.27.130.

Interest Rate at which Judgments Accrue Judgments founded on
written contracts, providing for the payment of interest until paid at a
specified rate, shall bear interest at the rate specified in the contracts
provided that said interest rate is set forth in the judgment. All judgments for
unpaid child support that have accrued under a superior court order or an order
entered under the administrative procedure act shall bear interest at the rate
of twelve percent. All other judgments shall bear interest from the date of
entry at the maximum rate permitted under _ 19.52.020. Wash. Rev. Code Ann.
4.56.110.

Any rate of interest shall be legal so long as it does not exceed the higher
of twelve percent per annum or four percentage point above the equivalent coupon
issue yield of the average bill rate for 26 week treasury bills as determined at
the first bill market auction conducted during the calendar month immediately
preceding the later of the establishment of the interest rate by written
agreement of the parties to the contract or any adjustment in the interest rate
in the case of a written agreement permitting an adjustment. Wash. Rev. Code
Ann. _ 19.52.020. Applicable Forms Writ of Garnishment, Wash. Rev. Code Ann. _
6.27.100. Notice and Claim, Wash. Rev. Code Ann. _ 6.27.140. Answer, Wash. Rev.
Code Ann. _ 6.27.190. 4.0.

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If you need legal advice in order to apply these statutes, don’t hesitate to consult with a judgment lawyer who is licensed in your state.

You can find links to the complete sets of statutes for all 50 states by clinking on this link:

http://www.enforcementinstitute.com/?p=80

Good luck applying judgment laws in order to enforce your judgment!

Bryan

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