What Is a Garnishment Order?
A garnishment order is a procedure where an employer is directed by a court to set aside a portion of an employee's wages for satisfaction of the damages awarded to a judgment creditor.
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Judgment Required
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Once a court enters a judgment on behalf of a plaintiff who has prevailed in his civil suit for damages against a defendant, the plaintiff becomes a judgment creditor.
Collecting On the Judgment
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A judgment creditor can use any of the post-judgment procedures authorized by law to collect the damages awarded. These include attaching the debtor's assets, placing a lien on his property, or garnishing his wages.
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Court Approval
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A judgment creditor must first apply to the court for a garnishment order. If approved, the judgment creditor must serve notice on the debtor's employer.
Specific Requirements
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In many jurisdictions, a garnishment order must be approved by the court and served on the employer for each weekly pay period until the order is dissolved.
Exemptions
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In most jurisdictions, a specified percentage of a judgment debtor's wages, usually 25 percent, are exempt from garnishment. Social Security and disability income as well as welfare benefits cannot be garnished.
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