An attachment writ allows for funds to be taken from a person’s wages and given to another party, often due to unpaid debts or child support. A court order is usually required for garnishment to occur. A writ of seizure allows for property to be seized to repay a debt or fulfill a contract. It is typically issued following a court decision and is used if a defendant is suspected of fraud or likely to hide assets.
An attachment writ is issued when it has been determined that a person must pay funds to another party, often on a regular basis, with the money taken directly from paid wages. It automatically removes funds from one person’s bank account and assigns those funds to the other party. Several circumstances may lead to a writ being issued, but in most cases, a court order is required for garnishment to occur.
A common circumstance that can lead to a garnishment is when a defendant has failed to pay debts such as credit card bills or other long-standing debts. In these cases, the other party or company can sue for the money owed. The findings of the lawsuit may lead to a court order for wage garnishment.
In cases where a writ has been issued, the debtor’s employer is required to comply with the terms of the court order and will have no choice but to garnish the person’s wages. It is not possible for the employee to negotiate with his employer to avoid this. However, it is possible to negotiate with a creditor to change payment terms and arrangements before a foreclosure becomes necessary.
Another circumstance that sometimes leads to a similar court order is non-payment of child support. A party who has not received child support can file a lawsuit and receive a court injunction leading to wage garnishment in order to obtain the funds owed. Exact execution of a garnishment writ is determined by the specifics of the court order. Funds can be removed in one payment or on a regular basis until the debt is deemed paid in full.
Similar to a writ of seizure is a writ of seizure. This legal term refers to property seizure, with this seized property functioning to repay a debt or satisfy a previous contract that has not been fulfilled. A seizure writ is typically issued to law enforcement personnel, giving them the authority to seize the property in question. Typically, it is also issued following a court decision, although it can sometimes be used to freeze assets before the court case has been decided. This measure is usually only taken if a defendant is suspected of fraud or is likely to remove or hide assets before the court can determine how the assets should be distributed.
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