Creditors Rights Law
How Do I Obtain A Wage Garnishment Against A Judgment Debtor?
Under wage garnishment, the employer of a judgment debtor is directed to withhold a portion of the judgment debtor’s wages earned (typically up to 25% for a money judgment or up to 50% of an order for support) and then make this payment directly to the judgment creditor. Just like execution and levy against property, the first step typically is to obtain a Writ of Execution from the Clerk of the court that issued the judgment. In addition, an Application and Order for Wage Garnishment is completed and obtained. An Order of Wage Garnishment is a specific order issued by a court directly the employer to withhold earnings of the judgment debtor and to make payment of all amounts withheld directly to the judgment debtor. Once obtained, the judgment creditor must have the Order of Wage Garnishment served upon the employer. Should an employer who has been properly served with an Order of Wage Garnishment fail to comply with the order, typically the employer can then be held responsible for any amount which should have been withheld from the judgment debtor’s pay check.