Legal Question in Civil Litigation in Massachusetts
Wage garnishment
I have a judgement of $175,000 against another party. How easy is it to get a wage garnishment what do I need to do?
4 Answers from Attorneys
Re: Wage garnishment
It might help to have the resources of a seasoned cllections attorney assisting you in getting this judgment satisfied.
Speak to one soon.
Re: Wage garnishment
The wage garnishment procedures in Massachusetts are fairly cumbersome. If the debtor has assets- cars, houses, bank accounts, etc. I prefer to look to those assets to secure a judgment before resorting to a garnishment.
Re: Wage garnishment
The procedure is called "Trustee Process" and it involves bringing a separate action against the Defendant and their employer. There must be an employer, ie, you must know where the person works -- the court won't investigate for you -- and the max garnishment won't be more than 25% of take-home pay, per federal guidelines, and this applies to ALL garnishments. Meaning, if other garnishments are already ahead of you, you won't get anything.
Feel free to contact me if you need additional assistance.
Re: Wage garnishment
There are several ways to go about collecting on a judgment. It depends entirely upon the specific circumstances; i.e., what assets the debtor has, where they are located, whether the debtor has shifted money around to try to avoid paying the judgment, etc. There are also court procedures available to help freeze any such assets (or even undo fraudulent transfers designed to avoid paying), and discovery procedures to help you learn where the assets are in the first place. This requires an experienced business litigation attorney. Feel free to contact me if you are interested in discussing and, if appropriate, pursuing all your options here.
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