What is a garnishment in civil law?

A garnishment in civil law is a legal process in which a creditor may collect a debt by taking money from a debtor’s wages or other assets. In Minnesota, when a creditor files a lawsuit against a debtor, they may obtain a court order to garnish the debtor’s wages or funds in their bank accounts. The garnishment process is usually a last resort for creditors to recover a debt. The garnishment process begins when a creditor sends a summons to the debtor. This document notifies the debtor that the creditor intends to garnish their wages or funds in their accounts. The summons will also inform the debtor of their rights and the steps they need to take to dispute the garnishment. Once the summons is served, the creditor must file a “garnishment” with the court. This filing includes a statement of the amount owed, a description of the debtor’s property to be garnished, and a “Writ of Garnishment” from the court. The Writ of Garnishment is a court order that directs the debtor’s employer or bank to withhold and turn over a portion of the debtor’s wages or funds to the creditor. If the debtor disagrees with the garnishment, they can ask the court to review the case. The debtor can also provide evidence that the debt was paid or that they do not owe the debt. If the court finds that the garnishment is not valid, the Writ of Garnishment will be revoked and the money withheld by the debtor’s employer or bank will be returned.

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