Page 209 - Judgment Enforce Course

Third Party Judgment Debtor Examination: This is a judgment
debtor examination on someone other than the debtor.

Turnover Order: A court order requiring the debtor to turn over
specified property. I use this at JDX’s to have the debtor turn over
money in his wallet.

Wage Garnishment: Garnishment is the taking of a person’s
property. A wage garnishment is the taking of a person’s wages. All
of a debtor’s wages can not be garnished. A federal law limits a wage
garnishment to 25%. It may be less if the debtor can show that the
garnishment places him below the poverty line.

Warrant for Arrest: A court order for the debtor to be arrested,
usually for not complying with a court order.

Warrant of Attachment: It is a directive by the court for the debtor to
be served again after he fails to show for a JDX. However, I find that
the meaning this term sometimes varies from court to court. It’s best
to check with your court.

Without prejudice: A term used when rights or privileges are not
waived or lost. A dismissal of a lawsuit “without prejudice” allows a
new suit to be brought on the same cause of action.

Writ of Execution: (Sometimes called a writ of garnishment) A legal
document that states who the debtor is and how much the debtor owes.
It may also include additional costs and interest.

The writ of execution is what you use to garnish wages and seize
bank accounts, vehicles, and other personal property.

The writ of execution is addressed to the sheriff (or the U.S. Marshall
if it is a federal judgment) and has a specific lifetime, usually around 6
months. After the court issues the writ of execution, you should give it
to the sheriff along with the appropriate fee and instructions to the
sheriff. The instructions must include a specific description and
location of the property you want the sheriff to seize to satisfy the
judgment.

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