Loading... Please wait...

Bank Garnishment - Third Party Garnishment

Price:
$400.00


Product Description

The third party garnishment is used most often with banks. If your debtor has a bank account with some cash in the account, you can serve the bank with the writ and the bank must then hold the money for you.  You can use the writ to seize the valuable items in a debtor’s safe deposit box. You can also use this type of writ to seize anything you know about in the possession of a third party. For example, you may discover that the debtor keeps a boat at a certain storage yard. You can serve the writ on the owner of the yard and the owner must then hold the boat for you.

If a third party has some of your debtor's property, the writ of garnishment establishes a lien on that property in your favor.  You must then obtain a garnishment judgment to obtain the money or property.  If the writ seizes money, the bank will forward that money to the creditor.  In the case of tangible personal property, such as a boat, there are additional steps.  The Sheriff or Constable must first seize the property and then sell it at auction.  The proceeds are applied to the balance of your judgment. 

The third party writ will fail if the person doesn’t have any of the debtor’s property. If there’s no money in the bank account you're out of luck. If the boat has been removed from the storage yard, you're out of luck.  Also, with personal property like a boat there may be lenders with a valid security interest in the property.  If there is no equity in the boat a Sheriff's sale would yield nothing.  For this reason, it is important to know as much as possible about the debtor's personal property, the boat, before you attempt a garnishment and execution.  A debtor's examination is the best way to learn about the debtor's bank accounts and non-exempt personal property. 

How to Retain us to Handle Your Garnishment

Read the terms of engagement below. If they are acceptable, click on the "Add to Cart" button above.  After check out from the store, we will send you an email with instructions on what we need from you and how we will proceed. 

Terms of Engagement for Third Party Garnishments

The most common type of third-party garnishment is a bank garnishment. But, it's possible to garnish just about anybody who holds some of your judgment debtor's property.  The base fee for a third-party garnishment is $400.  You will also be responsible for court fees, service of process fees and if necessary to seize and sell tangible personal property, Sheriff's or Constable's fees.  Filing and service of process fees are in the range of $75 to $100.  Sheriff's or Constables fees for seizure of personal property and sale at auction can be in the range of $250 to $300.  The instruction email you receive from us will tell you how to provide us with the information necessary for a bank or third-party garnishment.   If a hearing is requested by your judgment debtor or the garnishee, we will represent you at the hearing for an additional fee of $250.  If the garnishment is successful, we will pay your court and process server fees from money obtained from the third-party garnishee.  If the garnishment fails, y

 


Find Similar Products by Category


Write your own product review

Product Reviews

  1. Patience 3 Star Review

    Posted by on 16th Feb 2017

    I think the programs that are offered are very helpful and good for landlord-tenant issues. I have been using this firm for many years and love the products and services they offer. The reason for the average rating is that you need patience to wait for what is transpiring with their firm because the feedback is very slow and reactive rather than proactive in communicating more timely. However, the end result is still the same. A positive outcome!





Our Newsletter