Getting a debt paid, whether it's a routine bill or a court judgment, isn't always a simple matter. Your creditors hope you pay the amount owed, and that they won't have to turn to last resort methods. One of these options is garnishment.
A creditor can get a court order to collect the amount owed from a source of your income, typically your wages. Garnishment can also be used to collect payment from other income sources, such as benefit payments, rent payments or property such as your vehicle.
How Garnishment Works
Creditors Get a Judgment
Generally, garnishment begins when you stop paying creditors and they get a court's judgment to collect what's owed. This court order details the amount owed and the interest rate. A court may order you to appear for a hearing so you can provide added information on your finances.
The court can allow the creditor to garnish (take money from) your property or wages, which is often held by a third party. The creditor must send you a garnishment notice containing:
- A clear statement garnishment has been authorized by the court
- A description of any "exemptions" from garnishment, what the creditor can't take
- Steps to follow to challenge the garnishment
Sheriff Takes Action and Serves the Judgment
Finally, the creditor takes the judgment and garnishment order to the local sheriff's department, and officers get it applied or levied. The documents are delivered to the garnishee, the person who holds your money or property, such as your employer.
Generally, a creditor isn't interested in garnishment unless you have valuable property, such as:
- Regular wages
- Bank accounts
- Property such as a vehicle
The judgment and garnishment order includes instructions for the garnishee to follow to report on your money or property, and specifics for making payments to your creditor.
Challenging a Garnishment
You can object or challenge a garnishment order or notice. There should be instructions on how to file the forms to object, and for a hearing on your objection. Reasons supporting your objection might include:
- Your wages are exempt or protected from a creditor's claim
- You already paid the debt
- You've filed a bankruptcy case
- The garnishment amount to be taken is more than the legal limit
- There was a mistake in issuing the garnishment, or it's invalid for some other reason
When Does Garnishment End?
Garnishment likely ends when the full amount you owe has been paid, or the garnishment order expires. The order should have instructions for the garnishee on how and when to end payments, and any follow-up forms to complete, listing details of the payments made.
It can be frustrating to see involuntary payments made on a debt you owe. However, understanding how the garnishment process works helps you cope with the situation and follow the court's instructions.
Questions for Your Attorney
- Can a creditor get a garnishment for wages I earned from a job in another state?
- Is my employer or bank responsible for mistakes made in garnishing my wages or account balances?
- Can wages be garnished from a joint bank account?