Garnishments


A garnishment is a judicial proceeding in which a judgment creditor asks the court to order a third party, who is indebted to the judgment debtor, to turn over to the judgment creditor any of the judgment debtor's property held by that party.

Wage garnishments are the most common form of garnishment proceedings filed in Justice Court.

A judgment debtor's wages may be garnished up to 25% of their "disposable" wages.

What cannot be garnished?

  1. ·Seaman's wages,

  2. Worker's compensation,

  3. Pensions,

  4. Tax deferred arrangements,

  5. Annuity contracts,

  6. Social Security Benefits (in general). A bank is required to protect social security benefits from being garnished if the social security check is directly deposited into the bank. However, alimony or child support may be garnished from social security benefits.

  7. Disability Payments in certain circumstances

If the defendant files bankruptcy, an automatic stay is put in place and NO funds may be collected.

Once the judgment has been paid off, the constable should send a letter to the employer advising that the case has been paid in full and the employer should stop remitting money. The constable should also submit a Return on the Writ of Fieri Facias to the Justice Court.