Garnishments and FIFAs

Garnishment is a legal process used to collect debts by withholding a portion of a debtor's wages or bank account funds. It is an essential tool for creditors seeking to recover unpaid debts. There are two different types of garnishments: wage garnishment, where a portion of the debtor’s wages is withheld, and bank account garnishment, which involves freezing and seizing funds from the debtor's bank account.

On the other hand, a Writ of Fieri Facias (or "FIFA" for short) is a legal document that allows a creditor to collect money from a defendant by claiming their property. This could include things like real estate or cars, especially if the defendant has not paid what they owe as agreed.

To obtain a garnishment:

1. Start the process by getting a judgment against the person who owes you money.

2. Submit a certified copy of this judgement to the magistrate court.

3. Determine if the defendant has any assets (like a job or bank account) that can be used to pay the debt. You can do this by reviewing their employment information or bank account details.

4. If the defendant has a job, use the Affidavit and Summons of Continuing Garnishment form to file for garnishment. If the defendant has a bank account, use the Affidavit and Summons of Regular Garnishment form instead to file for garnishment.

5. Wait for the employer or bank to respond to a court summons. Employers need to file multiple responses—once every 45 days until 196 days have passed, to be exact. However, banks need only to respond once during this 45-day period.

6. Send the garnishment notice to the defendant by certified mail and provide the magistrate court with proof the notice was sent. (Failure to provide the court of such proof may result in a delay of funds being released.)

7. Communicate with the magistrate court about the disbursement of funds. Because all garnished funds are held in the magistrate's trust account, you'll need to talk to the court about when and how to receive your money.

To obtain a FIFA:

1. Start the process by getting a judgement against the person who owes you money.

2. File a FIFA with the magistrate court.

2. Wait for the FIFA to be recorded in the superior court’s records.

3. Communicate with law enforcement, who will seize the defendant’s property to satisfy the debt.

4. Cancel the FIFA once the debt is paid off.