Can the court take money from someone’s bank account if I have a court order against them?
Question & AnswerCan the court take money from someone’s bank account if I have a court order against them?
4. Understand what happens after the Notice of Garnishment is issued
After a order has been issued, the garnishees pay the money to the court. The court keeps the money in for the .
To start to receive the money, you must give the proof that you served the Notice of Garnishment on the , garnishees, and co-owners. You can do this by filing your Affidavits of Service with the court.
The court will hold your first garnishment payment for 30 days. After that, they will send you a cheque. The second and future payments will not be held. They will be sent to you immediately.
If more than 1 creditor has a garnishment order against the debtor, the money will be divided evenly between the creditors who have not yet been paid in full.
Situations that could affect payment
Your payments could be affected if someone:
- asks for a garnishment hearing
- appeals the original judgement
- files a related to the debt (for example, they could ask for a new trial)
- files a for the funds with the court
- gets a court order that delays payment
- files a written
At a garnishment hearing, a judge considers garnishment issues. Anyone interested in the debt can ask for a garnishment hearing. This includes the debtor, creditor, of the debt, and garnishees.