How to apply for Restoration of Provisional Attachment under GST Act : GST News 596
How to Apply For an Attachment of Earnings Order
When a person owes you money, it's important to understand all options available to you to receive repayment. For instance, knowing how to apply for an attachment of earnings order is one of those options. An attachment of earning order is also referred to a writ of garnishment. When you seek a garnishment you are allowed to take money from the person's paychecks until the debt, or money he owes you, is repaid.
Win a lawsuit.You must sue and win in small claims court before you can receive an attachment of earning order.
- File a civil lawsuit with your local county court.
- Serve the defendant with the lawsuit.
- Obtain a judgment. You can win your lawsuit in one of 3 ways. You can plead your case during a trial, request a summary judgment or receive a default judgment.
- Wait until the judgment is filed in the court records.
Obtain important information.
- Receive a copy of the judgment from the local court.
- Find out where the person works. Make sure you have the defendant's correct employer's name and address.
Go to the county clerk's office to obtain an application for a writ of garnishment or attachment of earnings order.The application is needed to garnish the defendant's wages.
- Complete the application for a writ of garnishment or attachment of earnings order.
- Fill out your name, telephone number and address.
- Write the name of the person you're seeking money from and address. Also, include the person's employer and the employer's address.
- Provide the amount of the judgment and the current amount owed. The current amount includes any additional costs and interest incurred.
Return the application, along with a copy of the judgment to the county court.
Receive the Writ of Garnishment or attachment of earning order and summons issued by the county court clerk.
A default judgment is when the defendant doesn't answer the complaint, or lawsuit, you filed.Typically, the defendant has 15 to 20 days to file a written answer with the court.
- Starting the garnishment requires sending copies of the writ to the garnishee, or person's employer, along with other documents like the Garnishee Answer form. Also, you must send the person who owes you money a copy of the garnishment along with other documents such as a request for a hearing.
- You can only receive up to 25 percent of the person's wages out of each paycheck. The percentage is even less if the person has other creditors deducting money from his or her paycheck.
- You may not receive any money even if your attachment of earning order is successful and the person has a job. You won't receive money if the individual already has a wage garnishment, such as child support or another judgment or he or she doesn't make enough money.
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