Writ of garnishment: what it means and what to do

What a writ of garnishment lets the creditor do

A writ of garnishment means the creditor already has a court judgment against you. The CFPB explains that most creditors can only garnish after a court rules that you owe the debt. The writ names the creditor, the court, the case number and the amount still owed.

Who gets served

The writ goes to the garnishee, the person or company holding your money. For wages, that is your employer. For a bank account, it is your bank. The garnishee then has to give you a copy, usually within days.

Your deadline

Find the date on your copy and circle it. Missing it usually means the money goes to the creditor. With a 14-day window, a writ handed to you on October 5 must be objected to by October 19.

Each state prints its own deadline on the court papers and it is often short. Find your state’s rule.

The exemption claim

A claim of exemption asks the court to reduce or stop the order. Use it if your state limit is lower than what is taken or if the money is from benefits. Federal law caps a card or hospital garnishment at the lesser of 25% of disposable pay or the pay above $217.50 a week, per the Department of Labor.

If the creditor objects, the court sets a hearing. When you call, have your pay stubs, benefit letters, bank statements and a list of your monthly bills ready and we go through the claim and the hearing with you.