skip navigation

Garnishment

A court may order a garnishment to help a successful plaintiff collect money damages from a defendant. A garnishment order instructs a third-party who owes money to the defendant to pay some or all of that money to the plaintiff instead of the the defendant. This third party is called a "garnishee."

Most garnishments affect defendants' wages. For example, a court might garnish a defendant's wages to pay child support, student loans, or back taxes. The federal Consumer Credit Protection Act, codified at 15 USC § 1671 et. seq., limits wage garnishments to 25% of an employee's take-home pay, or 30 times the federal minimum wage, whichever is less. 15 U.S.C. § 1673(a). Many states have similar restrictions on wage garnishments. See State Civil Procedure Rules.

A few courts allow plaintiff debtor_and_creditor|creditors to request wage garnishment even before the plaintiff wins his or her case as a provisional remedy. See, e.g., Rule 64(b) of the Federal Rules of Civil Procedure. Usually, however, courts prefer to use other provisional remedies. See, e.g., attachment.

See Civil Procedure.

Pam sues Jim for breach of contract.  After a quick trial, Pam wins $10,000 in money damages.  Pam is overjoyed, but a month goes by and Jim refuses to pay.

Finally, Pam seeks and obtains a writ of execution.  In accordance with this writ, a sheriff arrives at Jim's home and looks for property that may be seized to satisfy Pam's judgment.

Some property is seized from Jim's home and is sold at a public auction (i.e., a sheriff's sale).  The proceeds, totaling $4,000, are given to Pam in partial satisfaction of the judgment.

The sheriff then sends a garnishment order to Jim's employer.  The employer will now deduct a portion of Jim's regular wages and send the money directly to Pam until she gets the rest of the awarded damages.