Statute of Limitations and Judgment Renewal

A money judgment which has issued from any of the various jurisdictions in the United States will typically have a statute of limitations dictating when the judgment will expire.  In many jurisdictions money judgments can be renewed for a period of time beyond the initial statute of limitations.  Here is an brief explanation of the topic Statute of Limitations and Judgment Renewal.

The statutory method for renewing a judgment will vary by jurisdiction.  In every state where judgment renewal is allowed, there is also a different length of time for how much longer the judgment is renewed.  A quick look at the judgment laws and rules of procedure for the specific state can be researched in order to determine the particulars which apply there.

What this means for a judgment creditor is significant.  If a money judgment remains partially or totally unpaid as the life of the judgment nears expiration, new life can be had for a significant amount of additional time.  This gives a judgment creditor more opportunity to collect his judgment money and thereby truly experience the justice that he is due.  The longer a judgment survives and the longer it is possible to enforce that judgment, then the greater the possibility of gaining satisfaction of it.

Some debtors may elude judgment execution for years.  A vigilant and resourceful creditor may ultimately succeed at enforcing a difficult judgment if given enough time to do so.  The possibility of renewing a judgment and gaining more time can be extremely encouraging to a creditor.

Since the possibilities of judgment renewal and laws concerning the topic are jurisdictionally unique, anyone holding an unpaid judgment would do well to seek accurate information about the subject as it relates to their own judgment.  The statutes of limitations on renewing a judgment are set in concrete.  One would be wise to face the topic well before the date of expiration.  As a matter of fact, in some states it is necessary to start the renewal process well in advance of the expiration date.  After a judgment expires is normally too late to renew.  Be aware and be forewarned of your judgment time limit.

Renewal of money judgments is great for a creditor.  There are even some states where a judgment can be renewed perpetually.  Let’s take advantage of renewal if we need to in order to collect our judgments.

The obligor owes us for a reason, the court agreed with us in our lawsuit.  Let’s get paid!

Bryan

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Thoughts on Collecting Default Judgments

I have successfully collected money on default judgments that I have owned.  I thought I would share some insight with you about my thinking whenever I hold a default judgment.  My judgment collection strategy can be affected greatly by the fact that my money judgment is a default judgment.  My thoughts on collecting default judgments are based on personal experience and much reflection.

Let me remind you that we are not attorneys at law.  In addition it must be stated that laws and rules of procedure can vary greatly from state to state and from jurisdiction to jurisdiction.  What I think about collecting my own default judgments may not apply in someone else’s situation.  Nevertheless, I don’t hesitate to share with you my thoughts regarding default judgments.

As I wrote in my previous post, “Default Judgment – What’s That?”, in my state as well as many other jurisdictions, there exists a prejudice by the courts that makes it easier for a judgment debtor to have a default judgment vacated or set aside.  In my state, Rule 55(c) in the Rules of Civil Procedure provides a means whereby a party to a lawsuit may file a post judgment Motion to Set Aside a Default Judgment.  When the court is exercising its discretionary authority under this rule, the trial judge is directed to begin with a presumption that cases should be decided on the merits whenever practicable.  This presumption puts the judge in a position of using great liberality towards the setting aside of a default judgment whenever the judge is considering a party’s Motion to Set Aside Default Judgment.  I definitely do not want my judgment debtor to file this post judgment motion.

The good thing about CRP Rule 55(c) is that there is a time limit for the judgment debtor to file a motion to have the judgment set aside.  This time limit in my state is 30 days from the entry of the judgment.  Because of this time limit, I do not want to do anything that causes my judgment debtor to think about me and the judgment debt.  I want to lie low and avoid having any direct or indirect contact with my debtor.  During this 30 days my motto is:  “Silence is golden.”  While it is certain that I will be active during this 30 day period pursing my post judgment investigation of the debtor’s income and assets, I do not want to do anything that could remotely tip off the judgment debtor about my intentions to ultimately pursue every legal means available to enforce my judgment and collect all that I am due.

After the 30 day statute of limitations passes, my judgment debtor will lose his opportunity to file a Rule 55(c) Motion to Set Aside a Judgment.  In my state the debtor will still maintain the possibility of attacking my money judgment through what is known as a CRP Rule 60(b) Motion.   This rule allows more time for my debtor to attack my money judgment through the court.  The rule specifies certain reasons that allow 4 months after judgment in which to move for relief.  Another specific reason allows a window of up to 3 years in which my judgment debtor may move for relief if the judgment is void.  However, the opportunity for my judgment to be attacked using a Rule 60(b) Motion is not as broad as a Rule 55(c) motion.  It is more difficult for my debtor to meet the Rule 60(b) requirements to successfully be relieved of my judgment.

In short, the longer the time since the entry of my civil judgment, the less opportunity there is for my debtor to have the judgment set aside.  In addition, there is a very limited time for my judgment to be appealed.  So you see, in some ways the passage of a little bit of time can be a good thing for me.

It is smart to check the applicable court rules to see what our judgment debtors may be able to do to escape from our default judgments.  Conferring with a good judgment attorney may be a wise move, or visit our local law library.

We will write again soon on the subject of default judgments.  We will discuss the issues of “service of process.”  I am convinced this is where the greatest problem with default judgments can arise.

Default judgments can be collected successfully. But it helps to know where the potential land mines can be found.  Good luck to all of us who own default judgments that still need to be paid.  I will always work to get my money.  I hope you have total success in collecting yours.

Bryan

Click here to view a listing of links to all of our interesting articles on collecting a money judgment.

Beware: Post-Judgment Exemption Laws

Whenever someone owns a money judgment that remains unsatisfied, it is wise for the judgment creditor to be aware of post-judgment exemption laws that may apply in their particular jurisdiction.  It is always advisable to know the exemption laws before attempting to execute on assets owned by the judgment debtors.

Each state will have its own exemption laws related to judgment enforcement.  The assets that can be protected by a judgment debtor who claims protection under the applicable exemption laws need to be taken under consideration before executing on them.

judgment creditor needs to do a thorough job of discovering all of the executable assets owned by his debtor.  He also needs to be familiar with any exemptions that might be claimed by his debtor which can make any assets unreachable for levy, garnishment, seizure, or freezing.

Keep in mind that it is generally necessary for a debtor to make a formal claim of exemption in order for a property exemption to be effective.  If the debtor fails to make a claim of exemption on an asset that could qualify for exemption, it is the debtor’s loss.  A judgment creditor should never assume that a debtor will automatically make a proper claim of exemption on any property or asset.  If the creditor executes on an asset that could qualify for exemption, but the debtor fails to claim his exemption, then the execution will be legal and favorable for the creditor.

We don’t want to be caught by surprise by any claim of exemption by the judgement debtor.  We need to be informed by doing our own due diligence in researching exemption laws, and in thoroughly discovering the debtor’s assets.

Post-judgment exemption laws are generally easy to understand.  It is vital to our judgment collection process that we read those laws so that we do understand.  If you are confused at all about the post-judgment exemption laws in your jurisdiction, you might want to ask a good judgment lawyer.

We wish you the best in your efforts to collect your money judgment!

Bryan

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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

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

State Garnishment Laws: Tennessee, Texas, and Utah

Here you will find judgment laws and rules which apply for the area of garnishments in the states of Tennessee, Texas, and Utah.  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.

Tennessee Procedural Requirements

All judgments and decrees for money may be enforced by execution. Tenn. Code
Ann. _ 261 103. Personal property to the aggregate value of four thousand
dollars debtor’s equity interest shall be exempt from execution, seizure or
attachment in the hands or possession of any person who is a bona fide citizen
permanently residing in Tennessee, and such person shall be entitled to this
exemption without regard to his vocation or pursuit or to the ownership of his
abode. Such person may select for exemption the items of the owned and possessed
personal property, including money and funds on deposit with a bank or other
financial institution, up to the aggregate value of four thousand dollars
debtor’s equity interest. Tenn. Code Ann. _ 262102.

All moneys received by a resident of the Statutee, as pension from the
Statutee of Tennessee, or any subdivision or municipality thereof, before
receipt, or while in his hands or upon deposit in the bank, shall be exempt from
execution, attachment or garnishment other than an order for assignment of
support issued under _ 365501, whether such pensioner is the head of a family or
not. Any funds or other assets payable to a participant or beneficiary from, or
any interest of any participant or beneficiary in, a retirement plan which is
qualified under __ 401(a), 403(a), 403(b), and 408 of the federal Internal
Revenue Code of 1986, as amended, are exempt from any and all claims of
creditors of the participant or beneficiary, except the Statutee of Tennessee.
Tenn. Code Ann. _ 262 104.

The officer may summon, in writing, any person as garnishee, to appear at the
court from which the execution is issued, or before any other court to whom the
execution is returnable, as the case may be, and answer the garnishment, at a
time set by the clerk of the court not less than ten days after date of
issuance, except that such ten day requirement shall not apply when the
execution was issued from a court and either the officer or the clerk of the
court shall set the time when such garnishee shall appear. The summons to the
garnishee shall contain a notice to the garnishee. Tenn. Code Ann. _ 262203.

The judgment creditor may examine the garnishee under oath. Tenn. Code Ann. _
262204. Upon requesting the issuance of an execution or garnishment, the
judgment creditor shall file a Statuteement showing the judgment debtor’s last
known address, the amount owed on the judgment, and the judgment creditor’s
address for mailing any notice required. If a clerk issues an execution or
garnishment without demand, the clerk shall ascertain such information from the
court records. Tenn. Code Ann. _ 262402.

No clerk shall issue an execution or garnishment unless it provides the
required notice. No sheriff or other officer shall summon a garnishee unless the
garnishment provides the required notice. Tenn. Code Ann. _ 262403. A sheriff or
other officer who levies an execution upon property of a judgment debtor shall
immediately thereafter on that same or next working day provide the judgment
debtor with a copy of the execution that describes the property levied upon and
with a completed copy of the notice by mailing them first class, postage
prepaid, to the judgment debtor at the provided address, or by actual delivery
to the judgment debtor. Tenn. Code Ann. _ 262405.

A sheriff or other officer who summons a garnishee shall provide the
garnishee with three copies of the garnishment summons. Tenn. Code Ann. _
262406.

Interest Rate at which Judgments Accrue Interest on
judgments, including decrees, shall be computed at the effective rate of ten
percent per annum, except as may be otherwise provided or permitted by
Statuteute. Where a judgment is based on a note, contract, or other writing
fixing a rate of interest within the legal limits, the judgment shall bear
interest at the rate so fixed. Tenn. Code Ann. _ 4714121. Interest shall be
computed on every judgment from the day on which the jury or the court, sitting
without a jury, returned the verdict without regard to a motion for a new trial.
Tenn. Code Ann. _ 4714122. Applicable Forms Tenn. Code Ann. _ 262203. Tenn. Code
Ann. _ 262404.

Texas Procedural Requirements

A writ of garnishment is available if a plaintiff has a valid, subsisting
judgment and makes an affidavit that, within the plaintiff’s knowledge, the
defendant does not possess property in Texas subject to execution sufficient to
satisfy the judgment. Tex. Civil. Prac. & Rem. Code Ann. _ 63.001. After
service of a writ of garnishment, the garnishee may not deliver any effects or
pay any debt to the defendant. Tex. Civil. Prac. & Rem Code Ann._ 63.003.

The writ of garnishment shall be dated and tested as other writs, and may be
delivered to the sheriff or constable by the officer who issued it, or he may
deliver it to the plaintiff for that purpose. Tex. R. Civil. P. 662. The sheriff
or constable receiving the writ of garnishment shall immediately proceed to
execute the same by delivering a copy thereof to the garnishee, and shall make
return thereof as of other citations. Tex. R. Civil. P. 663.

The defendant shall be served in any manner prescribed for service of a
citation or as provided in Rule 21a with a copy of the writ of garnishment, the
application, accompanying affidavits and orders of the court as soon as
practicable following the service of the writ. There shall be prominently
displayed on the face of the copy of the writ served on the defendant, in
tenpoint type and in a manner calculated to advise a reasonably attentive person
of its contents, the required notice. Tex. R. Civil. P. 663a.

Where the garnishee is discharged upon his answer, the costs of the
proceeding, including a reasonable compensation to the garnishee, shall be taxed
against the plaintiff. Where the answer of the garnishee has not been
controverted and the garnishee is held thereon, such costs shall be taxed
against the defendant and included in the execution. Where the answer is
contested, the costs shall abide the issue of such contest. Tex. R. Civil. P.
677.

Interest Rate at which Judgments Accrue All judgments of the
courts of this Statutee based on a contract that provides for a specific rate of
interest earn interest at a rate equal to the lesser of the rate specified in
the contract or 18 percent. All other judgments, together with taxable court
costs, earn interest, compounded annually, at the rate published by the consumer
credit commissioner in the Texas Register.

The consumer credit commissioner shall compute on the 15th day of each month
the judgment interest rate by taking the auction rate quoted on a discount basis
for 52 week treasury bills issued by the United Statutees government as
published by the Federal Reserve Board on the most recent date preceding the
date of computation. The interest rate so computed shall be the judgment rate,
subject to a ten percent floor and a twenty percent ceiling. Judgments earn
interest for the period beginning on the day the judgment is rendered and ending
on the day the judgment is satisfied. Judgments in wrongful death, personal
injury, and property damage cases must include prejudgment interest as
calculated by Statute. Tex. Rev. Civil. Statute. Ann. art. 50691.05. Applicable
Forms Tex. R. Civil. P. 661. Tex. R. Civil. P. 663a. 4.0.

Utah Procedural Requirements

At any time when execution may issue on a judgment, upon proof by affidavit
or otherwise to the satisfaction of the court that any person or corporation has
property of such judgment debtor or is indebted to him in an amount exceeding
fifty dollars, not exempt from execution, the court may order such person or
corporation or any officer or agent thereof, to appear before the court or a
master at a specified time and place to answer concerning the same. Witness fees
and mileage, if any, may be awarded by the court. Utah R. Civil. P. 69(l).

A writ of garnishment is available in aid of execution to satisfy a money
judgment or other order requiring the payment of money. Utah R. Civil. P.
64D(a)(ii). The clerk of any court from which execution thereon may be issued
shall issue a writ or writs of garnishment, without the necessity for an
undertaking, upon the filing of an application by the plaintiff identifying the
person sought to be charged as a garnishee, Statuteing whether such property
consists in whole or in part of earnings from personal services, and Statuteing
the remaining amount due on the judgment. Utah R. Civil. P. 64D(c).

The writ of garnishment shall be issued in the name of the Statutee of Utah
and shall be directed to the person or persons designated in the plaintiff’s
application as garnishee or garnishees, advising each such person that each is
attached as garnishee in the action, and commanding each of them not to pay or
deliver any nonexempt Property Subject to Garnishment as defined in Subdivision
(a)(iii) in their possession, custody, or control, or part thereof, due or to
become due to the defendant up to the amount remaining due on the judgment and
to retain possession and control of all such property until further order of the
court or as otherwise discharged or released. At the time the writ of
garnishment is issued, the clerk shall attach to the writ a notice of
garnishment and exemptions, interrogatories to the garnishee and two copies of
an application by which the defendant may request a hearing. Utah R. Civil. P.
64D(d)(i).

The plaintiff shall provide a $10 fee to the garnishee. Utah R. Civil. P.
64D(d)(ii). The writ and any related order shall be served upon the garnishee by
a sheriff, constable, deputy, or such other person designated by court order and
return thereof made in same manner as a return of service upon a summons. All
other service may be by first class mail or hand delivery. Utah R. Civil. P.
64D(e).

Costs shall be allowed as a matter of course to the plaintiff and against the
defendant in the pursuit of any garnishee action instituted after judgment
unless the court otherwise directs. However, where an appeal or other proceeding
for review is taken, costs of the garnishee action shall abide the final
determination of the cause. The plaintiff must serve upon the defendant a copy
of a memorandum of the items of necessary costs and disbursements in the
garnishee action or actions, and file with the court a like memorandum duly
verified Statuteing that the items are correct, the disbursements have been
necessarily incurred in the garnishee action, and the items of costs have not
been claimed in any previous memorandum. Utah R. Civil. P. 64D(t).

Interest Rate at which Judgments Accrue Any judgment
rendered on a lawful contract shall conform to the contract and shall bear the
interest agreed upon by the parties, which shall be specified in the judgment.

Other judgments shall bear interest at the federal post judgment interest
rate (as established for the federal court system under 28 U.S.C. _ 1961, as
amended) as of January 1 of each year, plus two percent. Utah Code Ann. _ 1514.
Applicable Forms Interrogatories, Utah R. Civil. P. 64D(d)(ii). Contents of
Notice of Garnishment and Exemptions, Utah R. Civil. P. 64D(d)(iv). 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

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