News & Analysis as of

Creditors Garnishment

Hendershot Cowart P.C.

How Long Does a Judgment Last in Texas?

If you've won a lawsuit and obtained a money judgment in Texas, how long do you have to collect this debt? The short answer is 10 years. However, Texas judgments don't simply expire after a set period. They follow a...more

Hendershot Cowart P.C.

How Do You Enforce a Judgment in Texas?

Hendershot Cowart P.C. on

What happens if a defendant does not pay a judgment in Texas? How do you collect the money you are owed? When the court grants you a judgment for monetary damages in a lawsuit, you become a “judgment creditor.”...more

Cozen O'Connor

CFPB Fines Bank of America $10 Million Over Alleged Misconduct Regarding Out-of-State Account Garnishments

Cozen O'Connor on

The CFPB and Bank of America have reached a settlement to resolve allegations that Bank of America—the nation’s second largest retail bank—illegally processed out-of-state garnishment orders and misled consumers regarding...more

Nelson Mullins Riley & Scarborough LLP

Recent Sixth Circuit BAP Case Shows Risks To Lawyers Arising From Violations Of Discharge Injunction

In a recent decision by the Sixth Circuit’s bankruptcy appellate panel, the court affirmed contempt sanctions against a creditor’s lawyer for violating the discharge injunction in connection with a garnishment. See In re...more

Smith Debnam Narron Drake Saintsing & Myers,...

Sixth Circuit Side Steps the Bona Fide Error Defense

A recent opinion issued by the Sixth Circuit should prove helpful to attorneys facing unsettled issues of state law. As drolly described by the Court, “[a] lawyer sued two lawyers, and each side hired more lawyers. Five years...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Arizona Garnishment Legislation Signed Into Law

On March 22, 2019, Governor Doug Ducey signed Arizona House Bill (HB) 2230 into law. As described in detail in our recent article, HB 2230 allows judgment creditors to serve writs of garnishment by certified mail, return...more

Dickinson Wright

Cash Value of Life Insurance Policy Exempt From Garnishment

Dickinson Wright on

DC Mex Holdings LLC v Affordable Land LLC and Dale Fuller, ___ Mich. App. ___ (July 25, 2017), Case no. 332439 - Michigan’s Court of Appeals recently issued an opinion interpreting a statutory provision exempting insurance...more

Best Best & Krieger LLP

Bankruptcy Procedure in the Context of Turnover and Preference Law

In the course of collections activities, a creditor can become singularly focused on aggressively pursuing enforcement of a debt by levying against the debtor’s property or by demanding and receiving payment from the debtor....more

Womble Bond Dickinson

Creditors Can Reach Benefits under "Top Hat" Plan, United States District Court of Maryland Rules

Womble Bond Dickinson on

Executive Summary: ERISA “top hat” plan’s anti-alienation provision does not trump state garnishment laws. A familiar feature of ERISA is its protection of a participant’s retirement savings from creditors; ERISA...more

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