Why you may need non-wage garnishments

Why you may need non-wage garnishments

On Behalf of | May 7, 2023 | Collections

 

Sometimes it is necessary to take legal action to collect debts from a business. Still, even when the courts rule in favor of the plaintiff, the creditor is responsible for collecting the debt owed to them. Garnishing income from a business is one option, but it is also possible for the creditor to garnish non-wage assets. Assuming that the asset is not exempt, non-wage garnishment is a creditor attachment post-judgment. It can access more valuable assets than would otherwise be deducted from income.

How non-wage garnishment works

The creditor must request a writ of execution, which directs the Sheriff’s office to enforce the judgment in the county where the debtor is located. Rather than taking a portion of the earnings, non-wage garnishment works differently. The garnishments include property in possession, control or custody of the garnishee:

  • Funds in a bank account
  • Some real estate
  • Tax refunds
  • Business equipment
  • Vehicles
  • A debt owed to the debtor

Moving beyond wages

The creditor can use non-wage garnishments under a wide range of circumstances as long as there is an official judgment from the courts. While collections takes tenacity, it also often involves outside-the-box thinking while adhering to all applicable laws. Conventional garnishments may be a start, but results may only come when someone understands the legal complexities of these situations.