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1. How do I collect a garnishment?

If you have received a money judgment against another person as a result of a lawsuit, and the time allowed by the court for payment has passed, you can ask the court for a garnishment as a method of collecting the money. Garnishment is a court procedure allowing you to collect money from the other person's wages, property or bank accounts.

2. What is a garnishment proceeding like?

If you begin the garnishment proceeding, you are called the plaintiff. The person who owes you money is called the defendant. The bank, employer or other third party who has control over the principal defendant's assets is called the garnishee. This message will help people who want to start a garnishment proceeding.

3. What is the most common type of garnishment?

The most common type of garnishment is called an income withholding. In an income withholding, money from the defendant's paycheck is withheld by the employer and sent to the plaintiff. Each garnishment lasts for 90 days. After expiration a new garnishment must be filed. This process continues until the judgment has been paid in full. Other sources of income that can be garnished are saving accounts and money obtained from the sale of property or other assets.

As the plaintiff, you must file a form called an "Affidavit and Writ of Garnishment" with the court that granted the original judgment. Once the court has signed the Affidavit and Writ of Garnishment, the plaintiff is responsible for serving these documents on the garnishee. Copies of the writ and a disclosure form must also be provided to the defendant. The plaintiff is responsible for paying the filing, service and disclosure fees.

After receiving these documents, the garnishee must complete and file the disclosure form with the court. The disclosure form states what money, property or other assets they have which belong to the principal defendant. Copies of the completed forms must also be sent to the plaintiff and the defendant. Some money and assets cannot be garnished by law.

You may need to consult an attorney for help. However, an attorney may not file garnishments in small claims cases.

4. How do I respond to a garnishment?

If there is a legal judgment for you to pay another person money damages, and you have not paid as ordered, the court may order your employer or someone who owes you money or has control over your assets to pay your debt. This is called a garnishment proceeding. The person who starts the garnishment proceeding is called the plaintiff. The person who owes the debt is called the defendant. An employer, bank or someone else who has control over the principal defendant's assets is called the garnishee.

If you have already paid the debt, you should show the court which issued the order your proof of payment. If you have not paid the debt, you can make other arrangements for payment, such as installment payments. Read the forms carefully, and if you have other questions, contact the court or an attorney for more information. The garnishment should expire when the debt is paid, or after 90 days. Once expired, a new garnishment may be filed if the debt has not been paid in full.

You should keep careful records of all payments made.