A Release From Legal Punishment

••• tumsasedgars/iStock/GettyImages

When a creditor sues for a garnishment of a debtor'southward wages or bank account, the court tin can issue a writ to the bank or employer to withhold the applicable funds and to forward them to the creditor. A release of writ of garnishment removes the courtroom'due south involvement from this procedure and stops the garnishment from the engagement that the court orders information technology.

Reasons for Garnishment Release

By the fourth dimension a release of garnishment is considered, the creditor has already sued the debtor and gone through the procedure of having the debtor garnished. It has too received the court'southward lodge and served it on the debtor's bank or employer. For a creditor to consider a release, there must exist something the creditor receives that would influence it to remove the garnishment order. For instance, the debtor may hold to an installment program then that the creditor does non have to pay any ongoing expenses related to a continuing garnishment. Alternatively, the debtor may offering to pay a substantial portion of the debt upfront so the creditor does non accept to take any future legal activeness.

There might too be a legal basis for requesting a release. For instance, the debtor might accept paid the debt in full, thereby satisfying the judgment. Or, the debtor may have filed an undue hardship exemption, keeping the holding out of the creditor'south hands. In some cases the debtor files for bankruptcy, creating an automated stay on existing garnishments. For a wage garnishment release, the debtor may no longer work for the employer that administrated the garnishment, meaning the employer no longer has any of the debtor's wages to garnish.

Process to Release

The creditor is typically responsible for asking the court to release the garnishment. However, country police may crave the debtor to brand a written demand to this outcome before the creditor gets involved. In this case, the debtor completes a standard form provided by the court clerk that issued the garnishment. Or, the debtor files a motion with the court asking it to release the garnishment and providing the reason for the release.

If the creditor fails to move for a release, the debtor may file a petition with the court request for the release and the legal basis for the release. If the courtroom finds that information technology is advisable to release the garnishment, it problems an lodge to this consequence.

Notice of Garnishment Release

When one party moves for the release of the garnishment, it is responsible for providing legal discover to the other political party. Legal notice is based on the country'south rules of civil procedure and must exist strictly followed. Legal discover may allow for a certified mailing of the request of the garnishment release or in-person service. The political party must sign that it served the other political party with proper notice when information technology files the motility for the release of the garnishment with the court.

Farther Garnishment

If the creditor receives whatever of the debtor'due south funds via garnishment later the garnishment is released, the creditor is responsible for refunding these funds to the debtor.

Read More: Wage Garnishment & Unemployment