When Is A Wage Garnishment Used?

The right to attach or garnish employees' wages usually arises only after they have been sued, they have lost their case, and, a judgment has been entered against them. If they don't pay the judgment, the winning party (called the "Judgment Creditor") has the right to ask the Court to issue a "Writ of Garnishment on Wages" that is to be served on the employer of the Defendant (called the "Judgment Debtor"). When you are served with one of these writs as an employer, you are known as a "Garnishee." It's an honor you can do without because it is then that your obligations begin.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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