How Garnishment Follows Default Judgment
After obtaining a default judgment, a creditor can request a writ of garnishment from the court. This order directs your employer to withhold a portion of your paycheck (up to 25% of disposable earnings under federal law, less in some states) and send it to the creditor. The creditor can also levy your bank accounts.
You typically receive notice of the garnishment before it starts -- but not always much notice. Some states require a hearing before garnishment begins; others allow it with just written notice. By the time many people realize what's happening, the first paycheck has already been garnished.
How to Stop Garnishment
Option 1: Claim exemptions. If your income is from exempt sources (Social Security, disability, etc.) or your wages are below the garnishment threshold, file an exemption claim with the court. Option 2: Vacate the default judgment. File a motion to vacate the underlying judgment. If granted, the garnishment stops. Option 3: File bankruptcy. The automatic stay stops all garnishment the day you file. This is the fastest way to stop an active garnishment. Option 4: Negotiate. Contact the creditor's attorney to negotiate a payment plan or settlement that replaces the garnishment.
If you're already being garnished, act immediately. Every pay period that passes is money out of your pocket that's very difficult to recover.
Preventing Garnishment Proactively
The best way to prevent garnishment is to never let a default judgment happen. Always file an answer to a lawsuit, even if you think you owe the money. Once you answer, the case must proceed through litigation, which takes months to years. During that time, you can negotiate, assert defenses, or file bankruptcy if needed.
If you know a judgment exists but garnishment hasn't started yet, you have a window of opportunity. File a motion to vacate the judgment, negotiate a settlement, or file bankruptcy before garnishment begins. Once garnishment starts, recovery options become more limited.
State Garnishment Limits
Federal law caps garnishment at 25% of disposable earnings or the amount by which weekly earnings exceed 30x minimum wage, whichever is less. Many states provide additional protections: Texas: No wage garnishment for consumer debts. Pennsylvania: No wage garnishment for most consumer debts. South Carolina: No wage garnishment for consumer debts. North Carolina: No wage garnishment except for taxes and child support.
Even in states that allow garnishment, the federal floor protects low-wage workers. If you earn minimum wage or close to it, most or all of your wages may be exempt from garnishment.
Frequently Asked Questions
Can my employer fire me for a wage garnishment?
Federal law (Title III of the Consumer Credit Protection Act) prohibits employers from firing an employee for a single garnishment. However, this protection doesn't extend to multiple garnishments. Some states provide broader protections against termination for garnishment.
How long does wage garnishment last?
Until the judgment is paid in full (including interest and costs), the judgment is vacated, you file bankruptcy, or you reach a settlement. For large judgments, garnishment can last years. This is why addressing the underlying judgment is important rather than just accepting the garnishment.
Can I get back money that was already garnished?
Generally no, unless the garnishment was improper (exempt income was taken, or the judgment itself is vacated). If you vacate the judgment, some courts will order the return of garnished funds, but this is not automatic. If exempt income was garnished, file a claim for return of funds immediately.
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