Garnishment...

[dipper]

Hey Soc, this is not custody/support related.  Understand if you cannot reply.  

But, my husband took his exwife to court for a bill that he paid all of.  It was a joint bankruptcy that they filed shortly before splitting - and he was garnished and paid the entire amount.  She always refused to pay anything back to him.  He didnt seek compensation through courts right away because she was only working part-time and he didnt want his son to do without.  She now has a full-time job making  good money.  They went to court on Oct. 14, and the judge told her that she had to pay it.

Of course, she doesnt want to.  She told my hubby that she could pay $2 a month and there is nothing he can do about it.  Husband sent her a proposal for payments - giving her 15 months to pay, with a request for response by Oct. 28.  She has not responded as of yet.

A)  The ten days to appeal from trial date - is that business days or just days?


B)  How long does he have to give her before he can file for a garnishment?  


C)  He has her employer's address and social security number because it is on the bankruptcy papers - is this all he needs?  Is filing for garnishment as simple as filling out the papers?



Thank you!

[socrateaser]

>A)  The ten days to appeal from trial date - is that business
>days or just days?

It's calendar days, however, if the last day falls on a day when the courthouse is closed, then one more day is added. Also, in some jurisdictions, the location of the prospective appellant party is relevant to the time for appeal, i.e., if the person resides outside the jurisdiction, they may get a few more days to appeal, based on the extra time that it is required for notice by mail to reach them.

10 days to appeal seems short to me -- 20-30 is more usual. You should check that time limit.

>
>
>B)  How long does he have to give her before he can file for a
>garnishment?  

He should send her a demand for payment, with a specific deadline for a response, after which he will commence the garnishment/execution process.

>
>
>C)  He has her employer's address and social security number
>because it is on the bankruptcy papers - is this all he needs?
> Is filing for garnishment as simple as filling out the
>papers?

The process is different in every jurisdiction, so I can't say precisely what he needs. But, the general process is, the (garnishor) serves a garnishment order, issued by the court clerk, on the employer (garnishee), and sends some similar paperwork to the judgment debtor. Then, the garnishee and debtor have a specified time limit in which to object/challenge the garnishment, after which the garnishee must start withholding money and send it to you, or your designated representative, if someone else is appointed garnishor.

Also, if you don't have the necessary info as to who the employer is, or what assets may be executed against, you can move for a judgment debtor hearing, where the debtor must appear and tell you where all her money/employers are located.