How to Obtain Wage Garnishment
A wage garnishment is a legal method for enforcing debt collection that enables a judgment creditor to take a portion of a debtor's paycheck until the judgment debt is paid off.
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Things You'll Need
- Monetary judgment
- State court rules and laws on garnishments
- Garnishment application
- Debtor's employer's contact information
Instructions
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1
Obtain a monetary judgment against the debtor. You cannot obtain a garnishment until you have a final court judgment awarding you money damages.
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2
Review your state's laws and rules of civil procedure relating to garnishments. Each state has its own set of laws and rules, so although the general principles are the same in every state, you need to check your state's laws and rules to make sure you follow the detailed requirements.
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Locate your debtor's employer.
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File a garnishment application with the court. Although the detailed requirements of a garnishment application vary by state, you generally have to include a copy of the judgment, contact information for the debtor's employer, a written explanation for why you need a garnishment, and a formal written demand for garnishment.
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Attend a hearing if directed to by the court at which you will explain to the judge what you want and why you think you deserve it. Most of the time, however, a hearing is not required.
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File a copy of the garnishment order with the debtor's employer after you have received that order from the judge. That way, the employer will know to send you a portion of each of the debtor's paychecks.
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Tips & Warnings
Wage garnishment is one of many debt collection techniques that you can use. Other legal debt collection strategies include real estate liens and foreclosure, personal property seizures, and bank account seizures. Because state and federal law limits the total amount that can be garnished from each paycheck, you may need to pursue multiple enforcement methods simultaneously.
Some states allow you to file your garnishment order with the debtor's employer, but other states require you to pay the sheriff to file the garnishment order. Check your state's laws and procedural rules before taking any steps toward garnishment. If you make a mistake that hurts your debtor, you may end up losing your right to enforce the debt or, even worse, owing damages to the debtor.
