Garnishment

Garnishment

 When a creditor (a person or company who is owed money) gets a court order (Judgment) for a debtor (the person who owes money) to pay an amount of money, a Garnishment can be used to collect the money owed on the judgment. A Garnishment is a notice to someone holding your money (an employer, a bank) requiring them to take money from your pay or your account and pay it to the person you owe. If you receive a Notice of Garnishment, you have 14 days to object by filing an Objection to Garnishment with the court. You may also be able to request a payment plan that will stop a garnishment of your pay.

Limits on Garnishments: Wages (Pay)

There are limits on how much can be taken from your pay for a debt. For a debt, a garnishment can take up to 25% of your wages. Child support is also collected through a kind of garnishment called an Income Withholding Order. For child support, up to 50% of your pay can be taken, 60% if past due child support is also being collected.

Objecting to a Garnishment

You may be able to object to a garnishment for reasons including: the funds or property are protected from garnishment by law (such as social security or pension income), you filed for bankruptcy, you have an installment payment order, the amount taken is over the limit, or the court judgment is already paid. You need to file an Objection to Garnishment if you have a reason to object. Even if you are able to stop the garnishment, you still owe the debt.

Requesting a Payment Plan to Stop a Wage (Pay) Garnishment

You can request a payment plan (Order for Installment Payments) to stop a wage garnishment. You must ask the court for a payment plan by filing a Motion for Installment Payments. If a payment plan is ordered by the court, the wage (pay) garnishment will stop. You must make the payments required by the payment plan or the creditor may file to garnish your pay again.

For Informational Purposes Only:  This summary is provided for basic informational purposes only. It is not legal advice. For legal advice about your situation, you must talk to a lawyer.
Forms & Case Packets
  • The Legal Assistance Center offers Objection to Garnishment and Motion for Payment Plan forms at no cost.
Additional Resources
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