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  • Writer's pictureJonathan Baner

The Players and the Game: Navigating Garnishments and Fostering Effective Communication

Know Your Roles in the Garnishment Process

When discussing garnishments, there's more than just the creditor and debtor in play. As attorneys advocating for creditors, our primary responsibility is to secure what our clients are owed. At the same time, we have an obligation to the court to maintain fair and ethical proceedings. Then there's the garnishee—a business or bank obligated to transfer funds from the debtor to the creditor. Each party has its own set of rules to follow, and understanding these roles is key to efficient navigation of the garnishment process.

The Real Impact of Communication Breakdown

Let's shift from theory to a real-world example. Recently, a debtor chose a confrontational route—threatening voicemails, negative online reviews, and unhelpful court complaints. The actions not only complicated the debtor's relationship with us and our client but also set a damaging tone for interactions with the court and the garnishee.

Goodwill is Currency

Goodwill is often not given the attention it deserves. In the example mentioned, the debtor's poor attitude will result in a higher judgment amount. Cooperative behavior simplifies the process for everyone involved and could ultimately save the debtor money.

Legal Implications

Uncooperative and confrontational behavior also has repercussions in the courtroom. It delays the process and often leads to less favorable outcomes for the debtor. Every party—creditors, debtors, and garnishees—should be aware that following court procedures is not optional, it's a requirement.

Communication: A Must-Have Tool

Open dialogue is essential in the garnishment process. Choosing confrontation over conversation is counterproductive and often leaves debtors in a less favorable financial situation with little room for negotiation.

Wrapping it up

Navigating garnishments successfully hinges on a clear understanding of the roles and responsibilities of everyone involved, as well as a commitment to open, honest communication. Hostile or uncooperative behavior doesn't eliminate debt but can make the situation worse for all parties. Let's focus on understanding the roles each party plays and maintaining open lines of communication for an efficient and fair garnishment process.

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