Garnishment Terms

Sometimes it's good to have a list of the most common garnishment terms all in one place.

People:

            Debtor: The person who owes the money.

 

            Creditor: The person the Debtor owes money to.

 

            Garnishor: The person who issues the Writ of Garnishment (see below) on behalf of the Creditor. Sometimes it's an administrator at the courthouse, and sometimes it's a lawyer like me. We check over the paperwork to make sure it's correct before it gets sent to the Debtor and the Garnishee (see below).

 

            Garnishee: The employer (or sometimes bank) the Writ of Garnishment (see below) gets sent to. The Garnishee is responsible for taking the money out of the Debtor's wages (or sometimes their bank account) and sending it to the Creditor.

 

Documents:

            Writ of Garnishment: The document that tells the Garnishee that they must send money to the Creditor. This document tells the Garnishee how much the Debtor owes the Creditor, and how much of that money the Garnishee must send to the Creditor for the 90 days after they receive the Writ of Garnishment. It also lets the Garnishee know what their rights and responsibilities are in this situation. A Writ of Garnishment can be sent by the Garnishor to the Garnishee every 90 days.

 

            Judgment: The court papers that back up the Writ of Garnishment. A judgment shows how much money the Debtor owes the Creditor, including any fees caused because the Creditor had to go to court to get this document. The Judgment also says what the rate of interest on the debt will be.

 

            Debt Calculation: A document that shows all of the debt amounts, fees, and interest that the Debtor owes the Creditor at the moment the Writ of Garnishment was sent to the Garnishee. This amount will change as the interest rises over time and/or as the Garnishee sends the Creditor money from the Debtor.  

 

If you want any more garnishment-related terms defined or you'd like to look into having me sign garnishments for your company, please go to my contact page and send me a message. 

How to Make Sure I Can Sign Your Garnishments

So we've negotiated rates, volume, and delivery method of your garnishments. Now you want to know; how do I make sure I'm sending garnishments she can sign? Because of course, time is money (especially when it comes to garnishments!), so the faster I can get them signed and returned to you the better, and that the quickest way to expedite that process is to make sure you've sent me everything I need to legally sign them.

 

So what goes into all that? The first thing is sending the right documents; the Writ of Garnishment itself, the debt calculation, and the judgment the Writ is based on. I'm flexible about whether you send me a judgment or an e-court docket, but no matter which one you send me, they must include the following elements;

 

            1) creditor and debtor names

            2) date of judgment

            3) amount of judgment

 

Remember, the judgment amount on e-court dockets isn't always on the first page, and sometimes includes some of the fees. My preference is for whichever document shows me all of the award and fee amounts separately, which allows me to very rapidly check it against your debt calculation.

 

Yes, I will check the judgment against the debt calculation. I expect any set of garnishment documents sent to me to be correct, but everyone makes a mistake every once in a while, so it's good to have an extra set of eyes to avoid getting sued.

 

That brings me to my next point; make sure the Writ and debt calculation pages match the judgment! I can't sign anything with an error in it, so I'll have to send it back to you for correction and then you'll have to get it back to me again. Everything is quicker if we don't have to re-do steps, so double-check your math before you send anything over.

 

Last but not least, I only sign Oregon garnishments. Bring on garnishments from any and all Oregon counties, but nothing from out of state.

 

Want to talk to me about signing garnishments for your company? Send me a message via my contacts page, or email me at rachelrosenberglaw@gmail.com.