What Is a Post Judgment Garnishment?
A post judgment garnishment is a procedure that involves taking money out of your paycheck to pay a creditor directly. This occurs after a judgment has been entered against you in the court of law. When this occurs, it can be stressful financially, but there are some rules that the creditor has to follow in this area.
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Judgment
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Before a way to garnishment can take place, your creditor has to get a judgment against you. In order to get a judgment, the creditor has to take your case to the court system. They have to file a lawsuit against you. At this point, you will be served with a summons to appear in court. During this hearing, you will be required to appear in court and the judge will verify that the debt is accurate.
Writ of Execution
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Simply having a judgment is usually not enough to get a wage garnishment. The creditor also has to get a writ of execution, which is essentially a court order. The creditor goes back to the court to get a writ of execution. Then the writ of execution is taken to the local sheriff's office and the sheriff can help enforce it. The sheriff can contact your employer to notify them of the wage garnishment and to order them to comply with the court order.
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Garnishment Limits
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Even though you have a garnishment order against you, your creditor can only take up to a certain amount out of your paycheck. This amount varies from one state to the next according to state laws. The amount that it can take out of your check will range somewhere between 10 and 25 percent of your disposable earnings. This provides you with some protection and helps you keep at least some of your earnings. You are also protected by federal law in that you cannot be fired because of a wage garnishment.
Income That Can Be Garnished
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Depending on what type of income you have, it may not be eligible for garnishment according to the law. If you have regular income from wages, this can be garnished in most states. If you receive income from Social Security benefits, retirement benefits or public assistance benefits, this cannot be garnished. Unless the judgment involves alimony or child support, your wages cannot be garnished if you are receiving unemployment benefits, disability benefits or Workers' Compensation benefits.
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