News & Analysis as of

Garnishment Appeals

Shipman & Goodwin LLP

The Prejudgment Remedy: A Connecticut Claimant’s Closest Ally

Shipman & Goodwin LLP on

All too often in litigation, winning a hard‑fought money judgment starts the equally arduous process of attempting to transform the judgment into money. Recovery may be no sure thing, particularly if the losing party...more

McGlinchey Stafford

Fifth Circuit Erie-Guess Excludes Retirement Accounts from Spousal Restitution Garnishment

McGlinchey Stafford on

On December 30, 2024, the U.S. Court of Appeals for the Fifth Circuit reversed and remanded a ruling from the U.S. District Court for the Southern District of Mississippi that concerned the denial of Appellant’s motion to...more

Troutman Pepper Locke

In Rem Jurisdiction Matters: Fifth Circuit Clarifies Jurisdictional Requirements Over Attached Funds at Riyad Bank

Troutman Pepper Locke on

On October 18, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s vacatur of a maritime attachment order, providing a detailed analysis of the requirements for personal and in rem jurisdiction over...more

Rosenberg Martin Greenberg LLP

Can I Garnish That Joint Bank Account? That May Depend On What The Term “Judgment” Means

Does a creditor who obtains a judgment against a debtor in Florida and then records that judgment in Maryland have a single judgment that it can enforce in Florida and Maryland or a Florida judgment and a separate Maryland...more

Womble Bond Dickinson

D.C. Circuit Limits Government's Ability to Collect on Personal Debt by Garnishing Assets of Closely Held Corporation, Reverses...

Womble Bond Dickinson on

On July 8, 2016, the D.C. Circuit clarified the limits of the Federal Debt Collection Procedures Act (FDCPA). The Court held under D.C. and federal law that the government cannot satisfy a judgment against a co-owner and...more

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