An order of garnishment may be obtained from the clerk of the court. The order is served upon the employer (called a garnishee) of the debtor, who then has a period of time to file an answer with the court about the employment status of the debtor and the specifics about the debtor's wages. If the employer fails to answer, the employer may become liable to the creditor. There are limits on the number of times per month that a creditor can garnish a debtor's wages and the maximum percent of the debtor's paycheck that can be garnished.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified creditors rights lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local creditors rights attorney to discuss your specific legal situation.