A creditor just got a judgment against me. Will they start garnishing me right away?


After a creditor gets a judgment against you, they still need to collect on that judgment.  Generally, when a creditor gets a judgment here in Utah, they will do three things with it:

1.  garnish your wages

2. garnish your bank account

3.  attach the judgment to your home.

The problem for most creditors is that they don’t know where you work or bank, and most people are not home owners.  If this is the case, then they can’t do much with the judgment yet.  First, they will call you and ask for your employer information:  just remember that you don’t have to play nice, and you don’t have to give that information unless they drag you into court and ask you there. Second, they will file a Supplemental Proceeding which orders you to come into court to fill our a Supp. Order Questionnaire which shows where you work, bank, and live.  You have to go to court or you’ll get a civil arrest warrant.  After you fill out this form, they can really try to collect.  Third, they will file garnishment paperwork with your employer.  This means that you’ll start having 25% of your wages taken out of your next paycheck until the judgment is paid off (unless you are already being garnished up the 25% by another creditor, ORS, or a taxing authority).  This also means that they will randomly try to hit your bank account about once a month to seize any funds in there.

So, it gets worse and worse, but it takes time.  If you get a judgment entered against you today, it will be a couple of weeks until garnishment if they know all of your personal information.  Otherwise, it may be months.

This is not legal advice.  If you need help, go to www.robertspaynelaw.com.




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