Can a Landlord Who Wins a Judgment Get Garnished Wages?
Leaving your rent unpaid or doing significant damage to a rental house or apartment beyond what your initial security deposit covers can leave you subject to a lawsuit from your landlord. If the landlord wins the suit, the courts will grant him a civil judgment. Provided your state laws grant private creditors wage garnishment privileges, a landlord may file a wage garnishment order with your employer.
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Facts
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A judgment by itself does not allow a landlord to garnish your wages. She must file a certified copy of the judgment with the court and request a writ of garnishment. To do this, the landlord must know where you work, since the writ of garnishment must contain your employer's name. If you change employers while the garnishment order is in effect, the landlord must file a new garnishment order to garnish your wages with your new employer.
Significance
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Even if a previous landlord wins a judgment against you and files a wage garnishment order, that doesn't guarantee that wage garnishment will actually take place. Title III of the Consumer Credit Protection Act only provides for the garnishment of disposable income or income you earn in excess of 30 times the federal minimum wage. These limitations apply to your take-home income rather than your gross pay.
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Features
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If you have a previous wage garnishment order against you, the original wage garnishment order takes precedence over any subsequent garnishment attempts. According to the New York Neighborhood Economic Development Advocacy Project, the original creditor will usually seize the maximum amount allowed under the law. Thus, if you have a garnishment already in place with your employer, the landlord will have to wait until you have satisfied the first garnishment before he can seize your wages.
Time Frame
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A landlord can only garnish your wages for the length of time that the judgment is legally valid. Each state possesses different laws concerning how long a creditor may enforce its court judgment. Once the landlord's judgment expires, she loses the right to garnish your wages. Some states, however, allow creditors to renew court judgments as long as the creditor does so before the original judgment expires. In California, for example, judgments are valid for 10 years, but a creditor can renew a judgment for two consecutive 10-year terms -- giving California creditors a total of 30 years to collect on a judgment.
Considerations
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A court judgment may grant a landlord the right to garnish your wages for unpaid debt, but it does not give the landlord the right to garnish all other forms of income you receive. The U.S. Department of the Treasury notes that many forms of income, such as Social Security payments, railroad service retirement pensions and veterans' benefits are exempt from garnishment by creditors who are not affiliated with the federal government.
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References
- District Court of Maryland: Post Judgment
- U.S. Department of Labor: Title III -- Consumer Credit Protection Act
- Neighborhood Economic Development Advocacy Project: Wage Garnishments
- California Courts Self-Help Center: Introduction to Collecting Your Court Judgment
- U.S. Department of the Treasury: Answers About Garnishments
