What Is a Supplemental Garnishment?
A supplemental garnishment is a post-judgment collection procedure by which a creditor seeks to attach a portion of the wages of a debtor for satisfaction of a judgment for money damages. In order to garnish a debtor's wages, a creditor must first obtain a valid judgment issued by a court of competent jurisdiction against a debtor for a specified sum.
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Obtaining a Judgment
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A plaintiff obtains a judgment by filing a complaint in court and properly serving it on the defendant. After filing the complaint, a plaintiff can be awarded a judgment in one of three ways. If a defendant fails to answer a complaint in the time specified by law, a plaintiff may be able to obtain a default judgment against the defendant. If there is no genuine issue of material fact and the plaintiff is entitled to judgment as a matter of law, a court may issue a summary judgment in favor of the plaintiff. If the case goes to trial, a judge or a jury may issue a judgment for the plaintiff.
Execution on the Judgment
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After a plaintiff is awarded a judgment, he must ask the court to issue an execution on the judgment. The execution is the official court document that states the plaintiff, as a judgment creditor, is owed the amount of money specified on the execution and can avail himself of any of the post-judgment collection procedures authorized by law. These procedures include attachment of a debtor's bank account, real estate or wages.
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Post-Judgment Collection Procedures
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In most jurisdictions, post-judgment collection procedures are initiated by filing a new action on the judgment with the court. The new action is called either a supplementary process action or supplemental proceedings. In some states, proceedings for garnishing wages are referred to as trustee process.
Procedures for Obtaining Garnishment
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In order to garnish the wages of a judgment debtor, a creditor must first seek approval from the court. In most states, once a judgment creditor successfully applies to the court for a wage garnishment order, the creditor must then serve notice of the order on the debtor's employer. The employer then deducts the specified amount of the garnishment and remits the amount to the court, who then disburses the amounts to the judgment creditor.
Considerations
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In most jurisdictions, pursuant to statute, a judgment creditor can garnish only a certain maximum amount of a debtor's weekly wages, usually 25 percent of disposable income. In addition, certain types of income are exempt from garnishment: social security (including disability) benefits, veteran's benefits, unemployment compensation and welfare payments.
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References
- Photo Credit Image by Flickr.com, courtesy of Charlie Ambler
