Month: December 2022

An attachment is the method of repossessing a person’s assets to fulfil a judgment. Essentially, you as the Judgment Creditor, are “attaching” the Judgment to the Judgment Debtor’s assets and therefore facilitating them to be compensation toward what is owed of the Judgment. In Oklahoma there are many various ways this can be completed, whether that be through garnishments, recording of judgments, or getting the court to order a Writ of Execution, which will be explained further in this article.

What is a Writ of Execution?

A “writ” is a court order to the Sheriff that serves to implement the Judgment by confiscating the Judgment Debtor’s personal property. When the Judgment Debtor is in possession of valuable property such as cash, there are systems in place that enforce the attachment against objects of value. First, the Judgment Creditor will complete an application for a writ to the Judge. When the Judge approves, the Judgment Creditor gives the signed writ to the Sheriff and pays fines applicable that the Sheriff may charge for such services. The next step involves the Sheriff executing on the writ according to its terms. The Sheriff’s authority is only limited to what the writ details. It may be specific, or it may be general, however it directs the Sheriff to confiscate whatever the writ defines.

What Does Recording a Judgment Mean?

Filing your Judgment with the County Clerk (not Court Clerk) in the same county the Judgment Debtor owns real property, is one of the easier forms of a Judgment. Doing so documents the Judgment with the land records to ensure that once someone views the title or deed to the Judgment Debtors real property, they will be informed of the Judgment filed with it. Once the land is bought/sold, the Judgment is the first thing to be paid. The only downside to this attachment is the process of waiting for the property to be sold. Without doing so, you will not be able to start your own foreclosure, except if the Judgment was approved regarding the property itself, such as mechanics’ lien.

Additionally, another attachment is Garnishments, which consist of a third-party in possession of the Judgment Debtor’s money to pay the Judgment Creditor. You can learn more information about that topic in our other blog titled What is a Garnishment?.

Your Options When Collecting on a Judgment:

Although there are many ways to collect on your Judgment, you want to find the best method for you and your situation. Call Aaron Bruner, Attorney at Law today to assess your situation and figure out the best next steps for you.

A garnishment is an order from the court that requires a third party in control of the Judgment Debtor’s money to pay the Judgment Creditor. A garnishment is a step in the collection process of a judgment. This method is essentially a way for the Judgment Creditor to intercept the money that is going toward the Judgment Debtor. This practice is a good way to collect on a judgment and allows a more reliable approach in receiving your debt compensation. Oklahoma State Statute 12 O.S. § 21-1171 states,

• “A. Any creditor shall be entitled to proceed by garnishment in any court having jurisdiction against any person whom the creditor, in good faith, believes to be indebted to the creditor’s debtor or has possession or control of any property belonging to such creditor’s debtor, in the cases, upon the conditions, and in the manner described by law.
• B. Subject to the limitations and exceptions otherwise provided by law, there shall be two classes of garnishments:
• 1. Prejudgment garnishments, which shall consist only of general garnishments pursuant to Section 1173.3 of this title; and
• 2. Post judgment garnishments, which shall consist of the following types of garnishments:
• a. income assignment for child support pursuant to the provisions of Section 1171.2 of this title,
• b. noncontinuing earnings garnishment pursuant to Section 1173 of this title,
• c. garnishment for collection of child support pursuant to Section 1173.2 of this title,
• d. general garnishment pursuant to Section 1173.3 of this title, and
• e. continuing earnings garnishment pursuant to Section 1173.4 of this title.”

How to Collect on a Judgment with Garnishments

There are two steps to collect on a judgment through garnishing assets which are to request a Garnishment Summons and a Garnishment Affidavit.

When collecting on a continuing or noncontinuing garnishment both are to be initiated by filing a Garnishment Affidavit and Summons through the Administrative Office of the Courts. The Garnishment Affidavit states who the parties are and the balance of the Judgment. The affidavit states that the Debtor maintain an account with a financial institution and to identify a specified financial institution or bank. After filing the Garnishment Affidavit, the Judgment Creditor can then request the court clerk to issue a Summons. This summons directs the banks to file a written response within 10 days to the court that states whether they are holding any of the Debtor’s financials. The garnishment of wages works accordingly with the Debtor’s employer, initiating wages to the Judgment Creditor.

What are the different types of Garnishments?

There are two different types of garnishments: continuing and noncontinuing.

A continuing garnishment is for example a wage garnishment. A Judgment Creditor can request the court issue a continuing garnishment to the Debtor’s employer, therefore making the funds deliverable to the Judgment Creditor.

A noncontinuing garnishment is for example a bank levy. A Judgment Creditor can request the court issue a noncontinuing garnishment on the financial institution that is acquiring the Debtor’s funds.

Although garnishing bank accounts and wages are common, there are other types of garnishing methods as well. Garnishments are the interceptors of a third-party’s obligation to a debtor; therefore, a Judgment Creditor can intercept in several different contexts.

There are some limitations when garnishing a judgment. Oklahoma State Statute 14A O.S. § 5-105 states,

• “1) For the purpose of this part
• (a) “disposable earnings” means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld; and
• (b) “garnishment” means any legal or equitable procedure through which the earnings of an individual are required to be withheld for payment of a debt.
• (2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment to enforce payment of a judgment arising from a consumer credit sale, consumer lease, or consumer loan may not exceed the lesser of
• (a) twenty-five percent (25%) of his disposable earnings for that week; or
• (b) the amount by which his disposable earnings for that week exceed thirty times the federal minimum hourly wage prescribed by Section 6(a) (1) of the Fair Labor Standards Act of 1938, U.S.C. Title 29, Section 206 [29-206](a)
• (1), in effect at the time the earnings are payable.
• (c) in the case of earnings for a pay period other than a week, the Administrator shall by rule prescribe a multiple of the federal minimum hourly wage equivalent in effect to that set forth in paragraph (b).
• (3) No court may make, execute, or enforce an order or process in violation of this section.” These limitations are set to allow the Debtor to retain part of their “disposable earnings” and no more than 25% of that will be garnished.

Conclusion

Collecting on a judgment can be strenuous. If you are seeking implementing a garnishment on collecting your judgment you may want to hire an attorney for assistance with the process. Call Aaron Bruner, Attorney at Law today to assess your situation and figure out the best next steps for you.

Asset hearings are a part of the Post-Judgment Discovery process. After being granted a Judgment against someone who owes you a debt, you have options when collecting compensation on that Judgment. Having a Hearing of Assets ordered by the court will better assist you in analyzing what assets the Judgment Debtor obtains and the best way you, the Judgment Creditor, can collect on them.

What is an Asset Hearing?

As a Judgment Creditor, once you are granted a Judgment, it is your responsibility to execute on it against the Judgment Debtor. For that to be done successfully, it is beneficial to ask the court to order the Debtor to appear before a Hearing of Assets to disclose all information regarding the assets they possess. Initially, the Judgment Creditor files a motion or application with the courts, requesting the Judgment Debtor release all specified information regarding their assets. This will assist you in determining how you should proceed when collecting your Judgment.

Why are Asset Hearings Necessary?

Asset hearings give a clear layout of exactly what assets a Judgment Debtor holds. This can include the Debtors bank account information, tax returns, titles to real property, business documentation, certificates to stock, and more. Requesting an Asset Hearing allows the Judgment Creditor to know evidently what method of collection that will be most efficient moving forward, whether that be a bank levy, garnishments, liens on property, or so forth.

Your Options Post-Asset Hearing:

Hiring an attorney is a useful option in assisting to implement your Judgment. As a Judgment Creditor, you are authorized to Post-Judgment cost and attorney fees, which will be included to the balance of the Judgment total. Typical attorney arrangements may include a contingency agreement in which the attorney is paid a percentage amount of the Judgment collected. Generally, the attorney does not collect a fee unless the client collects on the Judgment. If you need assistance collecting on a Judgment in Oklahoma, call Aaron Bruner, Attorney at Law for a consultation today.