What is a Garnishment Order?

A garnishment order is a type of legal process that allows a creditor to collect a debt from a debtor by deducting money directly from the debtor’s wages or bank account. The order is usually issued by a court or government agency and serves as a way for the creditor to recover unpaid debts.

When a garnishment order is issued, it is served to the debtor’s employer or financial institution, instructing them to withhold a portion of the debtor’s income or freeze a certain amount of money in their bank account. 

The withheld funds are then sent directly to the creditor to satisfy the outstanding debt. Garnishment orders are commonly used for various types of debts, such as unpaid taxes, child support payments, or defaulted loans. The specific rules and limitations for garnishment orders vary depending on the jurisdiction and the type of debt involved.

The Purpose of Garnishment Order

The purpose of a garnishment order is to enable creditors to collect unpaid debts by directly withholding a portion of a debtor’s wages or freezing funds in their bank account. This way, creditors have a legal tool to ensure they receive payment and motivate debtors to fulfill their financial responsibilities.

It’s important to note that garnishment orders aim to strike a balance between the rights and protections of both creditors and debtors. While creditors have a legitimate need to collect what they are owed, debtors also have certain rights and safeguards in place to protect their financial well-being.

Types of Garnishment Order

There are several types of garnishment orders that creditors can obtain to collect unpaid debts. These orders vary based on the asset or income source being targeted for collection. Here are the main types of garnishment orders:

1. Wage Garnishment

This is the most common type of garnishment order. It allows a creditor to collect unpaid debts directly from a debtor’s wages or salary. 

The order instructs the debtor’s employer to withhold a certain percentage of the debtor’s income and send it directly to the creditor until the debt is fully satisfied. 

The specific percentage that can be garnished varies by jurisdiction. However, it is generally limited to a certain portion of the debtor’s disposable income.

2. Bank Account Garnishment

Also known as a bank levy, this type of garnishment order enables a creditor to freeze funds in a debtor’s bank account and then transfer those funds to the creditor to satisfy the outstanding debt. 

In order to obtain a bank account garnishment, the creditor typically needs to file a lawsuit, obtain a judgment, and then request the court to issue the garnishment order to the debtor’s bank.

3. Tax Refund Garnishment

Government agencies, such as the Internal Revenue Service (IRS), can issue garnishment orders to collect unpaid taxes or other debts owed to the government. With a tax refund garnishment, the government agency intercepts any tax refund owed to the debtor and applies it toward the outstanding debt.

4. Rental Income Garnishment

If a debtor owns rental properties and collects rental income, a creditor may seek a garnishment order to collect a portion of that income. The order instructs the debtor’s tenants to redirect a specific amount of rental payments directly to the creditor to satisfy the debt.

5. Judgment Lien Garnishment

In cases where a creditor has already obtained a judgment against a debtor, they may seek a garnishment order to enforce the judgment. 

The order allows the creditor to garnish various assets and income sources, such as wages, bank accounts, and rental income, to satisfy the debt.

The Garnishment Process

The process of obtaining and enforcing a garnishment order can vary depending on the jurisdiction and the type of garnishment being sought. However, here is a general overview of the steps involved in the garnishment process:

Creditor Obtains a Judgment

Before a creditor can seek a garnishment order, they typically need to file a lawsuit against the debtor and obtain a judgment from the court stating that the debtor owes the outstanding debt. 

This process involves filing a complaint, serving the debtor with a copy of the complaint, and going through the litigation process, which may include discovery, motions, and a trial.

Creditor Obtains a Garnishment Order

Once the creditor has obtained a judgment, they can request the court to issue a garnishment order. This request is usually made by filing a motion or petition with the court, along with supporting documentation that demonstrates the debtor’s liability and the amount of the debt owed. 

The court will review the creditor’s request and, if approved, issue the garnishment order.

Notice to Debtor

Once the garnishment order is issued, the creditor must provide the debtor with notice of the garnishment. The notice typically includes details of the debt, the amount to be garnished, and instructions for the debtor to challenge the garnishment if they believe it is improper. 

The debtor generally has a certain period of time to respond to the notice and challenge the garnishment if necessary.

Service of Garnishment Order

In order to enforce the garnishment order, the creditor must serve the order on the appropriate third party that holds the debtor’s assets or income sources. 

In that case, if it is a wage garnishment, the garnishment order must be served on the debtor’s employer. If it is a bank account garnishment, the order must be served on the debtor’s bank.

Third-Party Compliance

Once the third party receives the garnishment order, they are legally obligated to comply with the order and withhold the specified amount from the debtor’s assets or income sources. 

For example, if it is a wage garnishment, the employer must deduct the specified amount from the debtor’s wages and send it to the creditor.

Distribution of Garnishment Proceeds

The third-party that holds the garnished assets or income sources must send the withheld funds to the creditor according to the terms of the garnishment order. 

So, if it is a wage garnishment, the employer would send the withheld wages to the creditor.

Debtor’s Rights and Exemptions

Debtors typically have certain rights and exemptions that protect a portion of their income or assets from being garnished. These rights and exemptions vary by jurisdiction but often include a minimum amount of income that cannot be garnished, as well as exemptions for certain types of income (for example, Social Security benefits).

Garnishment Order: The Right Path

Garnishment orders are an essential legal tool that allows creditors to collect unpaid debts directly from debtors’ wages or bank accounts. 

While they serve a legitimate purpose, both debtors and creditors must understand the process, legal implications, and limitations inherent in garnishment orders. Individuals can handle the complexities of garnishment orders more effectively by staying informed and exercising their rights. This will help in ensuring fairness and equitable debt collection practices.