If you have successfully obtained a judgment against a debtor, the next logical question is what do you do with that judgment? There are a number of enforcement techniques that you can prosecute to obtain the money to satisfy the judgment.
- For judgment collection assistance, contact attorneys David Daul & Greg Babcock at the Green Bay, WI law firm Wanezek & Jaekels, S.C.
JUDGMENT COLLECTION: WAGE GARNISHMENT
First, the judgment is docketed with the Clerk of the Courts in the county where the lawsuit was brought. Thereafter, the debtor will be required to make certain financial disclosures indicating what assets they own and what sources of income they have. Often times debtors are reluctant to give this information and it may be necessary to conduct both a supplementary examination and a motion for contempt if they refuse to cooperate. Eventually, you will likely obtain information regarding the debtor’s financial situation in which case you may begin a garnishment.
A garnishment is a process wherein a legal action is begun to collect on a debt by deducting a amounts from the debtor’s paycheck or personal savings or checking account. It is incumbent upon the debtor’s employer to withhold the pay and pay it to you to satisfy the obligation once a garnishment action is properly begun. However, the process is quite difficult and complicated. You will likely need the assistance of an attorney to conduct a supplementary examination, a motion for contempt (if necessary), and in filing the garnishment. Our firm can assist you in this legal process.
There are certain limitations as to how much money can be removed from a paycheck during each pay period and garnishments typically expire after 13 weeks, however they can be renewed. Further, there are different types of garnishments: garnishment from payroll earnings and garnishment from accounts.
Please contact Attorney David Daul or Greg Babcock at 920-437-8191 to discuss the foregoing should you have a judgment enforcement issue.