Questions About Garnishment (Interest & Reporting Period)

[jason304]

What is the name of your state (only U.S. law)? MO

Help with any of these (Wage Garnishment) questions would be greatly appreciated.

1. When calculating interest on a garnishment amount, do you always and only use the amount on the Original Amount of Judgment? (In other words, do you always exclude Post Judgment Costs, Service Fee for Writ, Garnishment Clerk Surcharge, and Post Judgment Interest).

2. When a payment is made on the garnishment, do you then calculate the interest on that new amount (e.g., $1000 Judgment against Debtor and say $100 is paid, do you then calculate interest on the $900 going forward)? Also, if a $100 payment on a $1000 original garnishment is made on, say, January 10th, do you calculate the interest on the $900 starting January 10th or January 11th?

3. If a garnishment is released, can you file a Statement of Judgment Balance Remaining Due or do you have to file a new Garnishment Application and Order?

4. How do you determine the (6 month) Reporting Period (for example, for a Statement of Judgment Balance Remaining Due)? Is it following when the garnishment is issued or Date of Judgment against Debtor? If garnishment is issued or judgment entered on, say, Jan. 15, 2016, what would be the reporting period?

 

[adjusterjack]

A lot of this can probably be had by checking your garnishment instructions provided by the court but I'll give it a shot based on my own experience as a judgment creditor. Understand that I'm not looking any of this up for you.

1. When calculating interest on a garnishment amount, do you always and only use the amount on the Original Amount of Judgment? (In other words, do you always exclude Post Judgment Costs, Service Fee for Writ, Garnishment Clerk Surcharge, and Post Judgment Interest).

You keep adding all that to the judgment amount.

Example: Judgment date July 1, amount $1000, post judgment interest 10% per annum simple. First figure your daily rate of interest = About $.27.

Your service fee is $50. Your clerk surcharge is $25. Your first payment ($200) is received August 10 (you had to wait for the appeal period, say 30 days) to expire before filing garnishment).

Here's what I think:

Judgment $1000
Fee $50
Fee $25
41 days interest on $1075 = $11.07
New balance on August 10 = 886.07

2. When a payment is made on the garnishment, do you then calculate the interest on that new amount (e.g., $1000 Judgment against Debtor and say $100 is paid, do you then calculate interest on the $900 going forward)? Also, if a $100 payment on a $1000 original garnishment is made on, say, January 10th, do you calculate the interest on the $900 starting January 10th or January 11th?

I think that's answered in the illustration in Question 1.

3. If a garnishment is released, can you file a Statement of Judgment Balance Remaining Due or do you have to file a new Garnishment Application and Order?

Well, you would have to file a new garnishment and I believe that your new balance would be shown on that filing.

4. How do you determine the (6 month) Reporting Period (for example, for a Statement of Judgment Balance Remaining Due)? Is it following when the garnishment is issued or Date of Judgment against Debtor? If garnishment is issued or judgment entered on, say, Jan. 15, 2016, what would be the reporting period?

That's something you can look up on the court rules but my guess is 6 months from the judgment date.