New York State Private Investigator Practice Exam

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What is garnishment in a legal context?

  1. A method for securing property during a trial

  2. The commitment of a person to jail

  3. The attachment of a debtor's salary to satisfy a judgment

  4. A formal letter requesting payment for damages

The correct answer is: The attachment of a debtor's salary to satisfy a judgment

Garnishment in a legal context refers to the process where a creditor can obtain a portion of a debtor's wages or bank account directly from their employer or bank in order to satisfy a judgment or debt owed. This method allows creditors to collect money owed without having to go through a lengthy legal process to compel payment. It typically occurs after a court has rendered a judgment against the debtor, establishing the creditor's right to collect payment. In this context, the other choices do not accurately define garnishment. Securing property during a trial is more related to attachment or seizure of assets, while a commitment to jail pertains to criminal law and the enforcement of criminal penalties. Additionally, a formal letter requesting payment for damages indicates a demand for payment but does not involve the legal mechanism of garnishment, which is a direct deduction from pay or bank accounts. Thus, the definition provided in the correct answer aligns precisely with how garnishment functions legally.