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.

View Garnishment of Wages/Property +

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

The following are required to initiate garnishment:

1. A money judgment — A final judgment for a specific dollar amount
2. Expired appeal delay — The 15-day appeal period must have passed (unless the debtor filed a devolutive appeal, which does not suspend execution)
3. 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.

CCP 2291CCP 2411

Types of Garnishment

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

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

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

Step 1: File Petition and Interrogatories

The judgment creditor files:

1. Petition for Garnishment — Identifies the garnishee and states the basis for garnishment
2. Interrogatories — Written questions the garnishee must answer under oath
3. Statement of sums due — Calculation of judgment, interest, and costs owed
4. Notice of Seizure — Formal notice that seizure is taking effect

CCP 2411

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.

CCP 2412

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

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

CCP 2412

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

CCP 2413CCP 2414

Wage Garnishment Details

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

RS 13:3881RS 13:3921

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

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.

RS 13:3923

Bank Garnishment Details

What Happens to the Account?

When a bank is served with garnishment papers:

1. Account frozen — The bank freezes the debtor’s accounts
2. Balance disclosed — The bank reports account balances in its answer
3. Exempt funds identified — Certain deposits may be exempt (Social Security, disability)
4. Funds held — Non-exempt funds are held pending court order
5. Payment — Upon judgment, the bank pays funds to the constable or court

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

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

If the garnishee fails to respond to interrogatories within 15 days, serious consequences follow.

Motion Pro Confesso

The creditor files a motion asking the court to hold the garnishee liable. The court sets a hearing.

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

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.

CCP 2413

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

1. File rule — Challenge the accuracy of the garnishee’s answer
2. Hearing set — Court schedules hearing on the challenge
3. Evidence presented — Creditor must prove the garnishee holds more than disclosed
4. 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.

CCP 2414

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.

CCP 2415

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

When an employer is served as garnishee:

1. Calculate garnishable amount — Determine exempt and non-exempt wages
2. Withhold proper amount — Deduct from each paycheck
3. Answer interrogatories — File sworn answers within 15 days
4. Pay withheld funds — Remit to the court or constable as directed
5. Continue withholding — Until judgment satisfied or garnishment released

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

The judgment debtor retains important protections:

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

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

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

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

• 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.