How to Garnish a Trust

Garnishing a trust refers to taking funds owed to you by one or more parties involved in a trust directly from trust assets. You must have a legal court order and writ of garnishment to access the funds in the account. Garnishing a trust is not automatic. Your ability to attach a writ of garnishment is contingent on state laws as well as the way the trust is designed.

Instructions

1

Subpoena a copy of the trust document and bank account associated with the trust for your review. Go to the county court office where you received your judgment for the money owed and ask the clerk for the proper forms used in this courthouse to obtain the subpoena. Complete the forms and get the judges approval for the subpoena and serve it to the party owing you money.

2

Read the trust to determine if it is revocable or irrevocable. Also note who is listed as the trust grantor and beneficiaries. A revocable trust means the grantor still has the ability to revoke the assets and thus still owns them and can be garnished if the grantor owes the money. If the beneficiary owes the money, the trust must be irrevocable with beneficiary access already in effect.

3

Get the proper forms from the county court clerk to file for a writ of garnishment as it applies to your situation.

4

File the forms with the court and serve the bank manager with the writ to garnish the trust for the funds owed to you.