A writ of attachment is a court order for a third party to set aside funds for a creditor. Foreclosure is often used to garnish a debtor’s salary. A creditor must obtain a judgment and enforcement before post-judgment collection proceedings. A debt collector can only garnish a certain percentage of a debtor’s wages. Certain incomes are exempt from foreclosure. If a debtor pays the outstanding amount, the attachment is dissolved.
In the United States civil justice system, a writ of attachment is a court order directing a third party to set aside funds it owes or holds for the benefit of a debtor, so that the funds can be released to a creditor judicial . Although the term “foreclosure” is often used interchangeably with other post-judgment collection remedies — such as foreclosure or an estate lien — foreclosure is most often used to garnish a debtor’s salary to satisfy an outstanding civil judgment. In some jurisdictions, a writ of attachment is called a fiduciary process, because the employer, as a third party, is instructed by the court to separate certain funds that are owed to the employee for the benefit of the judicial creditor.
To obtain a garnishment order, a plaintiff must first obtain a judgment from the court with which he filed his civil suit. Once the court enters a judgment for the plaintiff in her role, the plaintiff becomes a creditor of the judgment and the defendant becomes a debtor of the judgment. A successful plaintiff, or judicial creditor, may attempt to collect his award by applying to the court for post-judgment collection remedies, which may include, seizure of the debtor’s assets, placing a lien on his real estate, and garnishing his wages.
In most states, a creditor must have their judgment enforced before they can begin post-judgment collection proceedings. An execution is a document that bears the official seal of the court that issued the sentence. It also identifies the plaintiff as a creditor of the judgment and the dollar amount of the judgment. Once a judicial creditor obtains a garnishment injunction, he must serve the injunction on the debtor’s employer. The employer must then deduct the court-approved amount from the employee’s wages and remit the sum to the court. The court then pays the amount to the judgment creditor. In most cases, a creditor must apply to the court to obtain an attachment writ for each pay period.
In many states, a debt collector can only garnish a certain percentage of a debtor’s weekly wages, usually 25 percent of the debtor’s disposable income. In addition, Social Security and Disability Income, as well as Unemployment Insurance and Retirement or Social Security benefits are exempt from foreclosure. If a debtor offers to pay the creditor the outstanding amount of the judgment owed, the attachment would be dissolved.
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