Legal FAQs

If you obtained judgment against a debtor seven years ago but have only now found employment details for the debtor, can you garnishee his wages?

In accordance with Rule 60.08(2), if six or more years have elapsed since the date of the judgment, a notice of garnishment cannot be issued without a Court order. In the motion to the Court, it is necessary for the creditor to establish the reason for the delay in seeking to garnish the debtor’s wages. The notice of garnishment itself must be issued within one year of the date of the order granting leave.