Blind Garnishment?

[ZeroGees]

What is the name of your state? Arkansas

I have a judgment for money, court costs, and interest at 8%, but the debtor last completed an asset statement 10 years ago claiming no assets. As soon as we garnished her wages, she quit her job, and stated she would do so every time a new garnishment showed up.

I let things lie, until I was granted a revival of the original judgment. The debtor contacted me the day before the hearing to revive and offered to begin making payments if I would let the original judgment expire. Of course I didn't and she never showed up for the hearing, which granted the revived judgment.

I have been advised by legal counsel specializing in collections to send a "blind garnishment" to all of the banks in our local area. Is this really a plausible idea and if so, where can I find a sample blind garnishment document?

 

[quincy]

What is the name of your state? Arkansas

I have a judgment for money, court costs, and interest at 8%, but the debtor last completed an asset statement 10 years ago claiming no assets. As soon as we garnished her wages, she quit her job, and stated she would do so every time a new garnishment showed up.

I let things lie, until I was granted a revival of the original judgment. The debtor contacted me the day before the hearing to revive and offered to begin making payments if I would let the original judgment expire. Of course I didn't and she never showed up for the hearing, which granted the revived judgment.

I have been advised by legal counsel specializing in collections to send a "blind garnishment" to all of the banks in our local area. Is this really a plausible idea and if so, where can I find a sample blind garnishment document?

No. It is not a good idea. It is an abuse of process.

 

[quincy]

Here is a link to the laws on garnishment in Arkansas:

https://law.justia.com/codes/arkansas/2019/title-16/subtitle-7/chapter-110/subchapter-4/

 

[zddoodah]

I have been advised by legal counsel specializing in collections to send a "blind garnishment" to all of the banks in our local area. Is this really a plausible idea

That will depend on, among other things, how many banks are "in [y]our local area."

where can I find a sample blind garnishment document?

You'd have to ask an attorney in Arkansas or google it.

 

[quincy]

You will want the name and address of your judgment-debtor’s bank and, preferably also, your judgment-debtor’s bank account number. You potentially could accomplish this by accepting a checking account payment prior to seeking a writ of garnishment.

 

[adjusterjack]

You will want the name and address of your judgment-debtor’s bank and, preferably also, your judgment-debtor’s bank account number. You potentially could accomplish this by accepting a checking account payment prior to seeking a writ of garnishment.

Probably not going to happen since the woman has avoided paying for 10 years already.

 

[quincy]

Probably not going to happen since the woman has avoided paying for 10 years already.

The judgment-debtor wanted to make payment arrangements so it might be an avenue to explore.

 

[Zigner]

The judgment-debtor wanted to make payment arrangements so it might be an avenue to explore.

I think it's much more likely that the judgment-debtor was rolling the dice that the OP would take her up on the offer and drop the attempt to revive the judgment. Once that happened, the OP would have skipped merrily away without paying another cent.

 

[quincy]

I think it's much more likely that the judgment-debtor was rolling the dice that the OP would take her up on the offer and drop the attempt to revive the judgment. Once that happened, the OP would have skipped merrily away without paying another cent.

Possibly. Maybe even probably. Haha.