What Is a Writ of Garnishment? A Plain Guide

A writ of garnishment is a court order that allows a creditor to collect money owed to them from a third party who holds money belonging to the debtor. Most often, that third party is an employer or a bank. If you have received notice of a garnishment, or are worried one is coming, understanding the process can help you protect yourself.

How Garnishment Usually Begins

For most ordinary debts, such as credit cards or medical bills, a creditor cannot garnish your wages or bank account without first getting a court judgment. That means the creditor must sue you and win, or obtain a default judgment if you do not respond to the lawsuit. Once the creditor has a judgment, it can ask the court for a writ of garnishment.

Some debts work differently. Unpaid federal taxes, defaulted federal student loans, and child support can sometimes be collected through garnishment without a separate lawsuit, under specific legal procedures.

Wage Garnishment

With wage garnishment, the court order is delivered to your employer, who must withhold part of your pay and send it to the creditor until the debt is paid or the order ends.

Federal law sets limits. Under Title III of the Consumer Credit Protection Act, garnishment for ordinary debts is generally capped at the lesser of 25 percent of your disposable earnings or the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage. Disposable earnings are what remains after legally required deductions such as taxes.

Child support and alimony orders can take a larger share, generally up to 50 to 65 percent depending on your circumstances. Many states set stricter limits than federal law, and some protect wages more strongly. When state and federal rules differ, the rule that protects more of your income generally applies.

The same federal law also says an employer cannot fire you because your wages are garnished for any one debt.

Bank Account Garnishment

A creditor with a judgment can also garnish a bank account. The bank is served with the writ and may freeze funds in the account up to the amount owed.

Certain money is protected. Federal rules require banks to protect up to two months of certain federal benefits, such as Social Security, that were directly deposited into the account. Many states have additional exemptions for things like a minimum account balance or specific types of income.

Your Right to Notice and to Object

Garnishment procedures vary by state, but debtors usually receive notice of the garnishment along with information about exemptions. If you believe some of the money is protected, or that the judgment is wrong, you typically have a limited time to file a claim of exemption or request a hearing. Deadlines can be short, so read every paper carefully and act quickly.

What You Can Do

If you are facing garnishment, consider these steps:

Read the notice right away and note every deadline.

Identify protected income, such as Social Security or other exempt benefits.

File an exemption claim if any of your money is protected.

Talk with the creditor about a payment plan, which may stop or reduce the garnishment.

Seek legal help. Legal aid organizations often assist with debt and garnishment cases at low or no cost.

The Bottom Line

A writ of garnishment is a powerful collection tool, but it has limits and it comes with rights. Knowing those rights, and acting before deadlines pass, can protect money you need to live on.

This article is general information, not legal advice. Garnishment rules vary by state, so consult a qualified attorney or legal aid office about your situation.