Legal Question in Civil Rights Law in Missouri

Divorce

Can an ex-spouse call and demand garnishment of wages from an employeer? And can the employeer do it with just her word?


Asked on 11/27/02, 1:41 pm

1 Answer from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Divorce

What you seem to have found out is that people can do the damndest things, even if wrong or illegal. Your ex cannot garnishment without a judgment against you, which she may have arising out of your divorce proceedings. Check it out! A garnishment is a writ in aid of execution. In other words, after a judgment is entered a judgment creditor can attempt to collect the judgment via various methods and writs. A writ of garnishment is only one of them. An abstract of judgment recorded will give your judgment creditor can record the judgment or an abstract of the judgment, and acquire a lien on your real property in that county; acquire a writ of execution and have it served by an officer of the law, i.e. a sheriff, or marshall, and collect your bank accounts, personal property, etc. Talk to your ex and find out what and why she is doing this...have you not lived up to the court order entered against you in that matter? Probably! You might be able to work something out with her, more advantageous than the court order, but to prevent the obligations under the court order from accumulating, you must move to have the original order modified to reflect any new agreement.

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Answered on 12/01/02, 4:31 pm


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