Steve Harms

Friday, March 28, 2014

Collection through garnishment: there are some exemptions

In prior postings on this site, I've expressed the need to be creative and be willing to develop strategies as to the most effective forms of post judgment collection remedies.

Be aware that numerous resources are exempt in whole or in part from garnishment. Some major exemptions, such as Social Security, unemployment compensation, and worker’s compensation benefits.
 
Generally, pensions such as IRAs and the like are exempt as well.  As a related matter, some of your garnishments may be met with statements that a higher priority writ is in effect. For example, child support debts, tax liens, loans to the bank you are garnishing, and prior writs issued before yours may have the effect of bumping you down the line. You won’t receive payment on your garnishment until those claims are satisfied.

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