FAQs

Can I do a regular garnishment on a joint bank account?: Yes. You may file a regular garnishment against a joint bank account even though all holders of they account may not be defendants. A joint bank account's asset belongs to holders in proportion to the contributions made by each, unless proved otherwise.

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Magistrate Court - Garnishments

1. What is a Continuing Garnishment?: A continuing garnishment is filed against employers only, and is used to attach wages. A continuing garnishment lasts for 179 days, with an additional 15 days for the court to receive the last check. The case closes on the 195th day after the garnishee was served.

2. What is a regular garnishment?: A regular garnishment is filed against banks, credit unions, contractors, or any time that a 'one shot' summons will do. A regular garnishment may be used to attach commissions on which the employer does not withhold any type of tax. It will attach 100% of the commissions.

3. Can I do a regular garnishment on a joint bank account?: Yes. You may file a regular garnishment against a joint bank account even though all holders of they account may not be defendants. A joint bank account's asset belongs to holders in proportion to the contributions made by each, unless proved otherwise.

4. How does one apply for an involuntary allotment from military personnel for commercial debt?: A creditor may initiate this process against a military member by submitting an involuntary Allotment Application along with a certified copy of a final judgment issued by a civil court. An original and two copies of both the form and the judgment are required. Also, the application must contain the member's full name and social security number for positive identification. The completed package should be filed with the Magistrate Court.

Involuntary Allotment Application (PDF)