garnishment

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Related to garnishment: garnishment order

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.
..... Click the link for more information. (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
..... Click the link for more information. , 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
..... Click the link for more information. 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 ?

Of the four categories studied, child support is the most common wage garnishment (3 percent), followed by student debt or consumer loans (2.

United States : One in 14 U.S. Workers are Having Their Wages Garnished with Child Support and Student Loans as Leading Causes, According to New ADP Research

Evidence showed that one garnishment occurred five days after the debtor's bankruptcy filing and two days after notice of the case was mailed to FAME in November 2014.

Debtor's testimony hampers student loan discharge

Best you can tell it's probably in an environment where they're being paid under the table or being paid as a 1099 [independent contractor] employee, and in some way avoiding paying the garnishment," he said.

Ducking Child Support by Becoming a "Contractor"

The Plaintiffs/Appellees alleged all four of [section] 201(a)'s elements were met: (1) the judgment being enforced was against a terrorist party--FARC; (2) the judgment was based on FARC's acts of terrorism; (3) Mercurio's assets were "blocked assets" within the meaning of the Terrorism Act; and (4) garnishment against Mercurio would partially satisfy an award of compensatory damages.

Eleventh Circuit interprets the meaning of "blocked assets" under the Terrorism Risk Insurance Act and finds that assets frozen pursuant to the Foreign Narcotics Kingpin Designation Act are not "blocked assets"

We were also concerned that garnishment or other aggressive collection efforts could exacerbate an already strained relationship," he added.

Bristol Palin says Levi Johnston owes nearly 39k dollars in child support

The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.

Past, present and future threats to federal safety net benefits in bank accounts

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.

Confessions of an Illinois judgment: as more loans go bad, banks looking for better ways to collect from defaulting borrowers are turning to judgments by confession. The author explains how they work and argues they typically can be enforced as soon as they're entered, with no notice to the debtor

A Bar Board of Governors committee is concerned that Florida lawyers aren't sufficiently aware of a recent Supreme Court ruling that they must issue stop payment orders on checks issued from their trust accounts if they are served with writs of garnishment seeking that money.

Lawyers are responsible for trust funds up until the check clears

Federal statutes limit garnishment for consumer loans to 25% of the borrower's disposable income, and many states have much lower limits.

The market failure for student loans

Prior to that meeting, the Payroll Office was including information about the EAP in garnishment letters, which are mailed to employees before the deduction is taken from their paycheck.

Helping employees with financial problems: employees whose wages are being garnished or withheld are likely to be less productive at work and could benefit from assistance from an EAP

In some states, automatic enrollment is considered garnishment of wages.

Pension Protection Act of 2006: savings incentives keep getting stronger

Fifth Circuit issued a series of opinions regarding sovereign immunity under the Foreign Sovereign Immunities Act (1) and Texas garnishment law

Recent developments in foreign sovereign immunity and Texas garnishment law: a new threat facing U.S. oil and gas companies