Garnishment
Garnishment is a powerful collection tool that allows a judgment creditor to seize money owed to the judgment debtor by a third party — typically an employer (wages) or a bank (account funds). Rather than trying to find and seize the debtor’s physical property, garnishment reaches money that the debtor is entitled to receive.
How Garnishment Works
Section titled “How Garnishment Works”In a garnishment proceeding, three parties are involved:
- Judgment Creditor: The person who won the judgment and is owed money
- Judgment Debtor: The person who owes money under the judgment
- Garnishee: The third party holding money or property that belongs to the debtor (employer, bank, customer)
The creditor asks the court to order the garnishee to pay money directly to the court (or constable) instead of to the debtor. This intercepts funds before the debtor can spend or hide them.
Prerequisites for Garnishment
Section titled “Prerequisites for Garnishment”The following are required to initiate garnishment:
- A money judgment — A final judgment for a specific dollar amount
- Expired appeal delay — The 15-day appeal period must have passed (unless the debtor filed a devolutive appeal, which does not suspend execution)
- A writ of fieri facias — The court must have issued this writ authorizing execution
The writ of fieri facias (fi fa) is the foundation for all execution, including garnishment. The writ is requested from the JP Court that rendered the judgment.
Types of Garnishment
Section titled “Types of Garnishment”Wage Garnishment
Section titled “Wage Garnishment”Wage garnishment reaches the debtor’s paycheck through their employer. A portion of each paycheck is withheld and paid toward the judgment until it is satisfied.
Common Applications:
- Debtors with steady employment
- Known employer identity and address
- Long-term collection of ongoing earnings
Bank Garnishment
Section titled “Bank Garnishment”Bank garnishment seizes funds in the debtor’s bank accounts. The bank freezes the account and pays available funds to satisfy the judgment.
Common Applications:
- Known bank accounts
- One-time seizure of available funds
- Accounts with sufficient balances
Other Garnishment
Section titled “Other Garnishment”Garnishment can reach any third party who owes money or holds property belonging to the debtor:
- Customers who owe the debtor money
- Partners or businesses holding the debtor’s share
- Any person with debtor’s property
The Garnishment Process
Section titled “The Garnishment Process”Step 1: File Petition and Interrogatories
Section titled “Step 1: File Petition and Interrogatories”The judgment creditor files:
- Petition for Garnishment — Identifies the garnishee and states the basis for garnishment
- Interrogatories — Written questions the garnishee must answer under oath
- Statement of sums due — Calculation of judgment, interest, and costs owed
- Notice of Seizure — Formal notice that seizure is taking effect
Step 2: Service on Garnishee
Section titled “Step 2: Service on Garnishee”The constable serves the garnishee with:
- Citation commanding appearance or response
- The petition for garnishment
- Interrogatories to be answered
- Notice of seizure
Upon service, the seizure takes effect immediately. The garnishee must freeze the debtor’s funds or wages pending resolution.
Step 3: Notice to Debtor
Section titled “Step 3: Notice to Debtor”The judgment creditor must send written notice of the garnishment to the debtor by mail or electronic means. This notice:
- Informs the debtor that garnishment has been initiated
- Identifies the garnishee
- States the amount being collected
The seizure is valid even if the debtor does not receive or acknowledge the notice, but the creditor must make the mailing.
Step 4: Garnishee’s Answer
Section titled “Step 4: Garnishee’s Answer”The garnishee has 15 days from service to file sworn answers to the interrogatories. The answers must state:
- What property or money the garnishee holds belonging to the debtor
- The amount of any wages owed
- Any other debts owed to the debtor
- Any claims or defenses the garnishee may have
Step 5: Review and Resolution
Section titled “Step 5: Review and Resolution”After the garnishee answers, several outcomes are possible:
If Garnishee Admits Funds:
- Creditor accepts the answer
- Court orders garnishee to pay the non-exempt portion
- Funds are applied to the judgment
If Garnishee Denies Funds:
- Creditor may accept the answer (case closed as to that garnishee)
- Creditor may file a rule to traverse, challenging the answer
If Garnishee Fails to Answer:
- Creditor files motion to hold garnishee pro confesso
- Garnishee may be held liable for the full judgment amount
Wage Garnishment Details
Section titled “Wage Garnishment Details”How Much Can Be Garnished?
Section titled “How Much Can Be Garnished?”Federal and state law limit how much of a debtor’s wages can be garnished:
General Debts:
- First $217.50 per week is fully exempt (30 times federal minimum wage)
- Of the remainder (disposable earnings), only 25% may be garnished
- This leaves the debtor 75% of disposable earnings above the exempt floor
Child Support and Alimony:
- Up to 50% may be garnished if supporting a spouse or child
- Up to 60% if not supporting another spouse or child
- An additional 5% if payments are more than 12 weeks overdue
Disposable Earnings
Section titled “Disposable Earnings”Disposable earnings means the portion of wages remaining after legally required deductions:
- Federal income tax
- State income tax
- Social Security (FICA)
- Medicare
Voluntary deductions (401k contributions, insurance premiums, union dues) are not subtracted before calculating the garnishable amount.
Continuing Garnishment
Section titled “Continuing Garnishment”For wages, garnishment can be continuing — the employer withholds the garnishable portion from each paycheck until:
- The judgment is fully satisfied
- The garnishment is released by the court
- 180 days pass without the creditor obtaining a garnishment judgment
Important: If the creditor does not obtain a formal garnishment judgment within 180 days, the wage garnishment automatically ceases and the employer must stop withholding.
Bank Garnishment Details
Section titled “Bank Garnishment Details”What Happens to the Account?
Section titled “What Happens to the Account?”When a bank is served with garnishment papers:
- Account frozen — The bank freezes the debtor’s accounts
- Balance disclosed — The bank reports account balances in its answer
- Exempt funds identified — Certain deposits may be exempt (Social Security, disability)
- Funds held — Non-exempt funds are held pending court order
- Payment — Upon judgment, the bank pays funds to the constable or court
Exempt Funds in Bank Accounts
Section titled “Exempt Funds in Bank Accounts”Even money in a bank account may be exempt if it comes from protected sources:
- Social Security benefits — Federal law protects these funds
- SSI and disability payments — Protected from garnishment
- Veterans benefits — Exempt from garnishment
- Child support and alimony received — May be exempt
- Workers’ compensation — Generally exempt
The debtor must raise exemptions — the bank cannot determine which deposits are exempt without information from the debtor.
Joint Accounts
Section titled “Joint Accounts”If the account is jointly held with a non-debtor:
- Only the debtor’s share is subject to garnishment
- The non-debtor may claim their portion is exempt
- The court may need to determine ownership of funds
Garnishee’s Failure to Answer
Section titled “Garnishee’s Failure to Answer”If the garnishee fails to respond to interrogatories within 15 days, serious consequences follow.
Motion Pro Confesso
Section titled “Motion Pro Confesso”The creditor files a motion asking the court to hold the garnishee liable. The court sets a hearing.
Hearing
Section titled “Hearing”At the hearing, the court determines:
- Did the garnishee receive proper service?
- Does the garnishee have a valid excuse for not answering?
- Does the garnishee actually hold the debtor’s funds?
Possible Outcomes
Section titled “Possible Outcomes”Garnishee Liable for Full Amount: If the garnishee has no valid excuse, the court may render judgment against the garnishee for the full judgment amount — even if the garnishee held less than that amount in the debtor’s funds.
Costs Only: If the court finds the garnishee had good cause or held no funds, the garnishee may be liable only for costs and attorney fees caused by the failure to answer.
Rule to Traverse
Section titled “Rule to Traverse”If the creditor believes the garnishee’s answer is false or incomplete, the creditor may file a rule to traverse within 15 days of receiving the answer.
Process
Section titled “Process”- File rule — Challenge the accuracy of the garnishee’s answer
- Hearing set — Court schedules hearing on the challenge
- Evidence presented — Creditor must prove the garnishee holds more than disclosed
- Decision — Court determines the correct amount
If the creditor proves the garnishee held undisclosed funds, the court orders payment of those funds. If the creditor fails to prove the answer was false, the garnishee’s answer stands.
Garnishment Judgment
Section titled “Garnishment Judgment”After the garnishee answers and any disputes are resolved, the court renders a garnishment judgment ordering the garnishee to pay:
- Non-exempt wages (in continuing wage garnishment), or
- Account funds (in bank garnishment), or
- Other property or money owed to the debtor
The garnishee pays the constable or court, and funds are applied to the judgment.
Fees and Costs
Section titled “Fees and Costs”| Item | Approximate Amount |
|---|---|
| Filing garnishment petition | $30-50 |
| Service on garnishee | Constable fee ($20-30) |
| Garnishment judgment | Additional filing fee |
These costs are added to the judgment amount and collected from the debtor.
Employer Obligations
Section titled “Employer Obligations”When an employer is served as garnishee:
- Calculate garnishable amount — Determine exempt and non-exempt wages
- Withhold proper amount — Deduct from each paycheck
- Answer interrogatories — File sworn answers within 15 days
- Pay withheld funds — Remit to the court or constable as directed
- Continue withholding — Until judgment satisfied or garnishment released
Employer Penalties
Section titled “Employer Penalties”An employer who willfully fails to honor a valid garnishment may be held personally liable for the debt, plus costs and attorney fees.
Debtor’s Rights
Section titled “Debtor’s Rights”The judgment debtor retains important protections:
Claim of Exemption
Section titled “Claim of Exemption”The debtor may file a motion claiming certain property or income is exempt. Common exemptions:
- Wages below the exemption floor
- Social Security and government benefits
- Tools of trade necessary for employment
- Certain insurance proceeds
Challenge the Garnishment
Section titled “Challenge the Garnishment”The debtor may challenge:
- The validity of the underlying judgment
- Whether proper procedures were followed
- Whether the garnished funds are actually exempt
- The calculation of the garnishable amount
Negotiate Payment
Section titled “Negotiate Payment”The debtor may contact the creditor to negotiate:
- Voluntary payment plan to avoid continued garnishment
- Lump sum settlement for less than the full amount
- Release of garnishment upon agreed terms
Strategic Considerations
Section titled “Strategic Considerations”For Debtors
Section titled “For Debtors”- Respond promptly — Ignoring garnishment makes things worse
- Claim exemptions — Certain property or income may be protected from garnishment
- Negotiate — Creditors often prefer settlements to protracted collection
- Budget — Adjust spending knowing a portion of wages will be withheld
For Creditors
Section titled “For Creditors”- Identify assets first — Use judgment debtor examination to find employers and banks
- Serve promptly — The debtor may empty accounts if they learn of pending garnishment
- Monitor compliance — Ensure garnishees are paying as ordered
- Multiple garnishments — Wages and bank accounts may be garnished simultaneously
For information on seizing property, see Seizure of Property. For judgment enforcement generally, see Judgments. For appealing a judgment, see Appeals.