What Is a Pleading on Garnishment?
A pleading on garnishment is a written request to the court to order a debtor's employer to take part of the debtor's paycheck and transfer it to the court, which, in turn, uses it to pay the debtor's creditor. A pleading can also be a written defense against garnishment.
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Pleadings
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A pleading marks the beginning of a lawsuit. The plaintiff submits in writing the reasons for the lawsuit, and the defendant submits in writing his or her defense.
Creditor's Pleading
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If a creditor sues the defendant to collect a debt and wins, he can ask the court in writing to garnish the defendant's wages or instruct his or her bank to turn over funds that may be in a bank account. However, some funds are not subject to garnishment, including Social Security benefits, Supplemental Security Income benefits, veterans benefits, and Railroad Retirement benefits, except to recoup delinquent child support, alimony, federal taxes or other specific kinds of debt.
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Defendant's Pleading
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The defendant --- the debtor --- must respond to the creditor's pleading. He can challenge anything related to the garnishment. For example, the debtor can claim that some or all of the money in his bank account is exempt from garnishment.
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References
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