How to Garnish Wages for a Credit Card Debt

A wage garnishment may be the only way to collect on a credit card debt following judgment.

Collecting unpaid credit card debt sometimes requires obtaining a court judgment against the debtor. If the debtor ignores the judgment, garnishing his wages may be the only available option.

Instructions

1. Find out where the debtor works. Make sure she is not self-employed and that she receives a regular wage that is above the poverty line. If you can't document these items, most states have a process for calling debtors into court to list their assets, including employment information.

2. Fill out the necessary forms to file a garnishment through the court where you obtained the judgment against the debtor. You will need to be able to provide the balance of the judgment owed, including calculating interest, court costs and anything else awarded to you in the judgment.

3. Pay the local county sheriff's department to serve the garnishment upon the employer/garnishee. The garnishee has a specific amount of time to provide you with the funds collected from the debtor's wages.

4. Bring the garnishee into court as a third party to the judgment if the garnishment goes 30 days past the expiration and no funds come in. By filing the garnishment, the employer becomes just as responsible as the debtor for getting the funds to you.

5. Refile the garnishment after it expires if the debtor still owes on the judgment. Note that the debtor may have other judgments and garnishments against him and the law allows only one garnishment on an individual's wages at a time, generally on a first-come, first-serve basis.

Tips & Warnings

• The process for a wage garnishment varies in each state and county, so you may need to contact the court clerk or an attorney to assist you.

• Filing a garnishment against a debtor's wages comes with risks. Many debtors quit their jobs immediately to avoid lost wages. Others may file bankruptcy, which immediately trumps the garnishment you filed.

References

• Nolo: Collect Your Court Judgment with a Wage Garnishment
• CreditCards.com: How wage garnishment works -- and how to avoid it
• Michelle Cramer; 5 years experience as legal assistant; Columbia/Springfield, MO