Garnishment is usually a post-judgment method for collecting amounts owed to the judgment creditor (called the "garnishor") from a third party (called the "garnishee"), rather than from the actual judgment debtor. Essentially, the garnishor brings suit against the garnishee in order to require that the garnishee: (a) transfer any property of the judgment debtor that is in the possession of the garnishee to the garnishor, or (b) pay any monies owed by the garnishee to the judgment debtor directly to the garnishor.

Garnishment is more rarely used as a collection tool prior to the entry of a final judgment. However, in limited circumstances, a pre-judgment garnishment can be used to prevent the third party garnishee from delivering the defendant's property to another person or paying debts owed to the defendant prior to the entry of the final judgment.

Additionally, some governmental agencies are permitted to use garnishment actions to recover money owed by debtor. Garnishment is often used in the collection of child support and income taxes.

If you have a legal issue related to Garnishment or ganrnishment of a bank account, please contact Marc Lippincott or Erik Cary for an appointment to discuss.

Cary & Lippincott PLLC - 700 Lavaca Suite 1030 - Austin, TX 78701 - (Main) 1-512-472-2300 - (Fax) 1-512-472-2303