If someone owes you money and refuses to pay—even after a court judgment—wage garnishment may be one of the most effective ways to collect what you’re owed. But wage garnishment isn’t something you can initiate on your own. It requires a formal legal process, and there are strict laws that govern how much can be taken and how the debtor is protected.
In this blog, we’ll explain what wage garnishment is, how it works, and how a judgment collection attorney can help you use it legally and effectively.
What Is Wage Garnishment?
Wage garnishment is a court-ordered process that allows a creditor to collect a portion of a debtor’s earnings directly from their paycheck. It’s one of the most reliable tools available for enforcing a monetary judgment, especially when the debtor has a steady job but is unwilling to pay.
In most cases, the employer is legally required to withhold a specific percentage of the debtor’s wages and send those funds directly to you (the creditor) until the debt is paid in full.
When Can You Use Wage Garnishment?
To garnish someone’s wages, you generally need:
- A court judgment proving that the debtor owes you money.
- A formal garnishment order issued by the court.
- Knowledge of the debtor’s employer or work location.
Exceptions exist for certain debts—like unpaid child support, taxes, or student loans—which may allow garnishment without a judgment. However, for most civil debts (business contracts, unpaid loans, services rendered, etc.), a judgment must first be obtained.
How the Process Works
Here’s a simplified overview of the wage garnishment process:
1. Obtain a Judgment
You must first sue the debtor and win the case, resulting in a court-issued judgment that states how much they owe you.
2. File for a Garnishment Order
Your judgment collection attorney will petition the court for a wage garnishment order, based on the unpaid judgment.
3. Serve the Employer
Once the court grants the order, the debtor’s employer must be notified and legally compelled to withhold wages.
4. Receive Payment
A portion of the debtor’s paycheck is withheld and sent directly to you or your attorney until the debt is fully paid—or until the garnishment is terminated.
How Much Can Be Garnished?
Federal and state laws set limits on how much of a person’s paycheck can be garnished:
- Under federal law, the maximum that can be garnished is:
- 25% of disposable income, or
- The amount by which disposable earnings exceed 30 times the federal minimum wage, whichever is less.
- Some states have lower limits or additional protections for debtors. A judgment collection attorney will help you understand how local laws apply.
“Disposable income” means the amount left after legally required deductions like taxes and Social Security—but not after voluntary deductions like insurance or retirement plans.
What Are the Debtor’s Rights?
Debtors are protected by state and federal laws that regulate garnishment. For example, they may:
- Request a hearing to challenge the garnishment
- Claim financial hardship
- Dispute the amount owed or assert that the debt was already paid
- Be protected from losing their job due to a single garnishment
Courts take these protections seriously, which is why following the legal process precisely is crucial.
Why Wage Garnishment Is Effective
- Reliable payments – You don’t have to chase the debtor each month; funds are automatically withheld.
- Hard to avoid – Unlike assets that can be hidden or transferred, wages are traceable and difficult to shield.
- Interest continues – Most judgments accrue interest, so you may recover more over time.
Why You Need a Judgment Collection Attorney
While wage garnishment is powerful, it’s not simple. A qualified attorney can:
- Handle all court filings and procedural requirements
- Locate the debtor’s employer
- Navigate state-specific garnishment laws
- Respond to legal objections or hardship claims
- Monitor and enforce the garnishment until full recovery
Without legal guidance, even minor errors in filing or notification can result in delays or dismissal of your garnishment request.
When Wage Garnishment May Not Be an Option
Some situations may make garnishment ineffective or impossible, such as:
- The debtor is self-employed or paid in cash
- They are unemployed
- Their income is already being garnished
- They fall below the protected income threshold
In these cases, your attorney can explore other enforcement options like bank levies, liens, or asset seizures.
Conclusion
Wage garnishment is one of the most effective tools for judgment enforcement—but it must be done correctly and legally. If you’ve been awarded a judgment and the debtor is refusing to pay, a judgment collection attorney can guide you through the wage garnishment process and ensure you recover what you’re owed.
Don’t let an unpaid judgment go uncollected. Contact a skilled attorney today to take the next step toward recovering your money—directly from the debtor’s paycheck. We recommend Judgement Collection Attorney.
