How to Get a Court Judgment & Garnish Wages
If a debtor owes you money and refuses to pay you after repeated attempts to collect the debt, consider wage garnishment. Wage garnishment is a legal process in which a court requires the debtor's employer to withhold a portion of the debtor's wages each pay period until the debt is paid off. You must successfully win a lawsuit before you can garnish wages.
Other People Are Reading
Instructions
-
-
1
File a lawsuit in civil court against the debtor. Sue for the amount of the debt plus your court costs, including filing fees and any attorney's fees. The court will serve a notice of the lawsuit to the debtor and set a court date.
-
2
Wait 30 days for the debtor to respond. The debtor may contact you to settle the debt rather than going to court.
-
-
3
Attend court on the hearing date. If the debtor doesn't appear at the hearing, the judge will issue a "default judgment" against him. Otherwise, you'll have to present evidence that the debtor owes the debt. The judge will listen to both sides of the case and enter judgment against the debtor if she agrees with you that the debtor owes you money.
-
4
Request wage garnishment paperwork from the clerk of the court. Fill out the paperwork. Give the court the debtor's last known address and the last known address of his employer. Provide the completed paperwork to the court. An officer of the court will serve notice of garnishment to the debtor and give him 10 days to respond. The debtor must prove the garnishment would be an undue hardship to stop the garnishment from going into effect. The court will also serve notice of garnishment to the debtor's employer.
-
5
Collect money from the court every pay period until your debt is satisfied. If the debtor makes arrangements with you outside of court, contact the court to stop the garnishment.
-
1
Tips & Warnings
Some states don't allow wage garnishment, so check with your attorney or the court clerk before requesting wage garnishment.
