After obtaining a court judgment, collecting the money owed can sometimes be a challenge—especially if the debtor is unwilling to pay voluntarily. One powerful legal tool to enforce judgment collection is wage garnishment. This method allows creditors to recover money directly from a debtor’s paycheck, providing a steady stream of payments until the debt is satisfied.
In this blog post, we’ll explain how wage garnishment works, the legal process involved, and what a judgment collection attorney can do to help you use this tool effectively.
What Is Wage Garnishment?
Wage garnishment is a court-ordered deduction from a debtor’s earnings. Once the court issues a garnishment order, the debtor’s employer is required to withhold a portion of the employee’s wages and send it directly to the creditor or the court.
This continues regularly until the debt, including any interest and fees, is paid off.
How Does the Wage Garnishment Process Work?
Step 1: Obtain a Judgment
Before garnishment can begin, you must first have a valid court judgment against the debtor. This judgment establishes that the debtor legally owes you money.
Step 2: Request a Writ of Garnishment
Next, you file a writ of garnishment with the court. This legal document instructs the debtor’s employer to start withholding wages.
Step 3: Serve the Employer
The writ is then served to the debtor’s employer. The employer becomes legally responsible for withholding the specified amount.
Step 4: Employer Withholds Wages
The employer deducts the garnished amount from the employee’s paycheck each pay period and forwards it to the creditor or court.
Step 5: Payment Continues Until Debt Is Paid
The garnishment continues until the full debt amount, plus interest and fees, is paid.
How Much Can Be Garnished?
Federal law limits the amount that can be garnished from wages to protect the debtor from undue hardship. Generally, the maximum garnishment is:
- 25% of disposable earnings (after legally required deductions), or
- The amount by which weekly disposable earnings exceed 30 times the federal minimum wage, whichever is less.
Some states have stricter limits to protect debtors further.
What Wages Are Subject to Garnishment?
Garnishment applies to most forms of wages, including:
- Salaries and hourly wages
- Commissions
- Bonuses
- Overtime pay
However, certain income sources, like Social Security benefits and some retirement payments, are typically exempt.
Can a Debtor Stop Wage Garnishment?
Debtors can attempt to contest or stop wage garnishment by:
- Claiming exemption due to financial hardship
- Arguing incorrect judgment or amount owed
- Filing for bankruptcy
A judgment collection attorney can help respond to these defenses and maintain the garnishment order.
Benefits of Wage Garnishment for Creditors
- Regular income stream: Garnishment provides steady payments over time.
- Less reliance on debtor cooperation: The employer handles withholding, reducing chances of evasion.
- Legally enforceable: Failure by the employer to comply can lead to penalties.
How a Judgment Collection Attorney Can Help
An attorney can:
- Help prepare and file the writ of garnishment correctly
- Locate the debtor’s employer using discovery tools
- Ensure garnishment complies with federal and state laws
- Defend against debtor’s attempts to stop garnishment
- Advise on combining garnishment with other collection methods for maximum recovery
Conclusion
Wage garnishment is a powerful tool to enforce court judgments and recover debts directly from a debtor’s paycheck. It provides a consistent and legally backed means of payment, reducing the chances that the debtor can avoid responsibility.
If you’re facing challenges collecting a judgment, consult with a judgment collection attorney. They can guide you through the garnishment process and help maximize your recovery. We recommend Judgement Collection Attorney.
