This is because the account was closed three days before the writ of
garnishment was served on the bank.
Bruce Berlinger appealed an order of the trial court granting Roberta Casselberry's motion for contempt and motion for a continuing writ of
garnishment over any disbursements made from the Berlinger Discretionary Trusts to or for tire benefit of Berlinger.
A final problem was that
garnishments in at least six states captured future deposits needed to satisfy the debt, not just what was in the account when the bank received the
garnishment order.
The law, however, is clear that only a wage
garnishment requires confession.
She also noted that "because attorneys and their trust accounts are subject to the same provisions of the
garnishment statute as any other bank or nonbank garnishee, we cannot discern a principled basis for holding that funds located in an attorney's trust account warrant any greater protection from creditors than funds located in the client's personal account."
Specific data on student loans and
garnishment is not available; however, if the current restrictions are significant for lenders, we might expect to see higher borrowing costs for students.
It is estimated that two-thirds of all
garnishments in America are for unpaid medical bills.
For example, the law authorizes deductions from an employee's pay when it is legally required, such as for taxes or money to satisfy a
garnishment or child support order.
ISSUE: It may surprise many to learn that if an employee has his wages attached or garnished, and his employer, having been duly served with a writ of attachment or
garnishment, fails to timely file the necessary affidavit as to the amount of wages on hand at the time of the service of process, the employer can be held responsible for the total amount unpaid on the judgment.
By that time, James had missed all the relevant deadlines, the court was unimpressed with his tale of woe, and he has since coughed up $14,000 in child support via liens and
garnishments.
Other additions to pay and deductions may include vacation pay, union dues, 401K plans, health insurance and
garnishments. Some deductions, such as FICA, state unemployment and 401K deductions have yearly maximums.
Other laws prohibit employers from freely using information about bankruptcies, wage
garnishments, or other legal liabilities.
