garnishment

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garnishment,

in law, means of requiring a third party who holds a debtdebt,
obligation in services, money, or goods owed by one party, the debtor, to another, the creditor. When contested, debts are collected by a civil suit upon which the judge renders a judgment, and an execution is levied on the debtor's property.
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 (including wages) due a defendant to retain the property temporarily. The garnishment consists of a warning, in the form of a judgmentjudgment,
decision of a court of law respecting the issues before it. The term ordinarily is not applied to the decree (order) of courts of equity. The outstanding characteristic of a legal judgment, in contrast to an equitable decree, is its finality and fixity; thus, except
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, to the third party, called the garnishee, not to deliver the goods or money due to the defendant, but to hold them in trusttrust,
in law, arrangement whereby property legally owned by one person is administered for the benefit of another. Three parties are ordinarily needed for the relation to arise: the settlor, who bequeaths or deeds the property for another's benefit; the trustee, in whose hands
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 pending the outcome of the plaintiff's suit. This provisional remedy guarantees the plaintiff at least some recovery if he wins the case.
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References in periodicals archive ?
Ducking wage garnishment is just one problem associated with what's commonly called worker misclassification, when an employee is wrongly classified as a contract worker.
11 with respect to the garnishment exemption waiver, or alternatively, if debtors are aware of the exemption and choose not to waive it, then the effectiveness of wage garnishment may be substantially limited.
Simply put--the cases say that a judgment by confession is completely enforceable the moment it is entered, and confirmation is only necessary if you seek a wage garnishment against the judgment debtor.
Under the current bankruptcy laws and legal rules restricting wage garnishments, borrowers are granted significant but not complete ability to exchange their future income in loan contracts.
Yet, because of this protection, wage garnishment often spurs bankruptcy filings.
Such an innovation would prevent commercial lenders from leapfrogging ahead of support creditors by obtaining wage garnishments, a form of secured claim.
However, with the extraordinary number of employees that most hospitals have, since they have three separate shifts, personnel departments of hospitals are more likely to be subject to wage garnishments that most other employers.
Thigpen was able to get the default judgment set aside--not canceled--on grounds of excusable neglect and mistaken identity, thereby blocking the wage garnishment until the mother and child settled the question once and for all by checking their DNA against Pierce's.
In sum, the probability that petitioners for nonbusiness bankruptcy would file under Chapter 13 is hypothesized to increase with restrictions on wage garnishment (amount of secured debts), with current and future demand for credit (being in the high debt-use cycle of life), with home ownership, and for populations living in metropolitan areas.
This paper examines the role of collateral in personal loan contracts when government regulations, such as usury laws and restrictions on late charges and wage garnishment limit the responses of creditors to increases in default risk.
Included in Durbins amendment is a Student Loan Borrower Bill of Rights to improve federal and private student loan servicing, restoration of private student loan dischargeability in bankruptcy, protections for service members and veterans, and protections from excessive wage garnishment for struggling borrowers.
Some workers want to be classified as contractors to dodge wage garnishment.