What is the garnishment proceeding in divorce cases?
If you begin the garnishment proceeding, you are called the plaintiff. The person who owes you money is called the defendant. The bank, employer or other third party who has control over the principal defendant's assets is called the garnishee. The most common type of garnishment is called an income withholding. In an income withholding, money from the defendant's paycheck is withheld by the employer and sent to the plaintiff. Each garnishment lasts for 90 days. After expiration a new garnishment must be filed. This process continues until the judgment has been paid in full. Other sources of income that can be garnished are saving accounts and money obtained from the sale of property or other assets.

As the plaintiff, you must file a form called an "Affidavit and Writ of Garnishment" with the court that granted the original judgment. Once the court has signed the Affidavit and Writ of Garnishment, the plaintiff is responsible for serving these documents on the garnishee. Copies of the writ and a disclosure form must also be provided to the defendant. The plaintiff is responsible for paying the filing, service and disclosure fees. After receiving these documents, the garnishee must complete and file the disclosure form with the court. The disclosure form states what money, property or other assets they have which belong to the principal defendant. Copies of the completed forms must also be sent to the plaintiff and the defendant. Some money and assets cannot be garnished by law.

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1. How does one file for divorce?
2. When is a divorce granted?
3. Do you need an attorney to represent you in a divorce case?
4. What are alimonies and money judgements?
5. What is the garnishment proceeding in divorce cases?
6. What else is important in garnishment proceedings? Who can help me?
7. What is the process of mediation in divorce cases?