Birmingham, AL asked in Collections for Alabama

Q: Can a debtor make a writ of garnishment null and void if that person was not "warned" in writing that one was coming?

I have a money judgment against my ex daughter-in-law. She told my son that she will nullify the writ of garnishment because I, as the creditor, did not send her proper notification. I have not contacted her because she takes it out on my son by reducing the time he has with my grandson. It is almost impossible to communicate with her.

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1 Lawyer Answer

A: No, she cannot. As long as you have a writ of garnishment, you can levy her bank accounts and/or garnish her wages. Notice is not required. Just serve her employer or bank. Notice would make it impossible to execute the writ.....they would simply empty out the bank account before you levied it!!! ;)

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