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Writ of Garnishment while under appeal

bc2 · August 9, 2026

I am doing an appeal for an Amex case where I found Parker AFTER I had filed discovery. Amex responded with its typical summary disposition. I answered, and also submitted a motion to continue discovery (denied). I thought the hearing went really well, as I chose to focus on a few main principles and case citings. She ruled in favor of plaintiff so I filed a motion for reconsideration stating palpable errors; she denied. I then filed an appeal in January. It has not been given a date yet. I filed the docketing statement and then the brief. Rather than file an answer to my brief, Amex attorneys filed a writ of garnishment. I knew I probably should have filed that motion to stay (garnishment) immediately when I filed the appeal - and Parker gpt had it written for me- but I either thought I didn't need it or I was tired of the judge ruling against me- or both, so I did not file it. The garnishment has not been presented to the bank yet; I just happened to see it in the docket in June. I filed a motion for immediate consideration with appellate court (granted), a motion to stay pending appeal (denied) and also a motion to waive the requirement to file the emergency stay with the trial court (denied). Appellate rulings are telling me to use trial court for the stay. It has been two months since the garnishment was granted. It will expire in November. If it is served at my bank, I should have 14 days to rebut but I have seen the video here which states bank may not give me notice. I receive daily text alerts so I think I should know if it happens. Right now I do not have a bond on my case & if I go to trial court the ruling to grant a stay could demand a bond which I didn't want to do. To my comprehension, if garnishment is successful and my appeal is successful then I would need to sue to get back my funds. That is the main reason I do not want that to occur. Any thoughts or opinions?

1 reply

  • brian · August 11, 2026

    You don't generally sue to get back your funds as the case goes back to the same judge and you just file a motion. Generally, you ask the other side for the money back or you will file the motion. Then do it if they don't give you back the money in the time you alot them. Tell the judge you gave them the time and make sure you do it all in writing. Hope you get to that point. Good luck.

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