To fill out garnishment paperwork correctly, pull the current form from the court that issued your judgment, match the form to the asset you’re targeting (wages or a bank account), enter the judgment and garnishee details exactly as they appear on the original judgment, calculate the balance owed with post-judgment interest broken out separately, and then file, serve, and file proof of service before the local deadline runs. The steps are predictable, but small errors — requesting more than federal law allows, misidentifying the garnishee, missing a service deadline — will get the writ bounced or challenged.
Confirm Garnishment Is the Right Tool
A writ of garnishment targets assets held by a third party: an employer holding wages, a bank holding deposits. A writ of execution targets property the debtor owns directly, like a vehicle.1Legal Information Institute. Writ of Garnishment File the wrong type and the court rejects it.
Wage and bank garnishments are procedurally distinct even though both are called garnishments. Wage garnishment creates an ongoing withholding obligation on the employer until the debt is satisfied. Bank garnishment typically freezes and sweeps whatever funds are in the account on a specific date. Most courts use separate forms for each, so decide which asset you’re going after before you request anything from the clerk.
Get the Correct Form
Forms vary by jurisdiction and by asset type. Start on the issuing court’s website — most post downloadable forms organized by case type, with separate applications for wage and bank garnishment. If nothing is online, the clerk’s office at the courthouse that entered your judgment can hand you a copy. Confirm you’re using the most current version; an outdated form is one of the fastest ways to get paperwork kicked back.
If your judgment is federal, Rule 69 of the Federal Rules of Civil Procedure sends post-judgment enforcement to the law of the state where the court sits, so the forms and procedures often track state practice more closely than you’d expect.2U.S. Marshals Service. Writ of Garnishment Check both the federal district court’s site and the relevant state procedures.
Gather Your Information First
Assemble everything before you sit down with the form. Hunting for a case number partway through is how fields end up blank or wrong.
- Judgment details: case number, name of the court, date the judgment was entered, and the original amount.
- Debtor information: full legal name and last known address. If the debtor’s Social Security number is required on the application, you’ll redact it on any publicly filed copy.
- Garnishee information: full legal name and address of the third party holding the assets. For wages, that’s the employer. For a bank account, the financial institution and ideally the branch where the account sits.
- Balance owed: broken down into the original judgment, accrued post-judgment interest, and any court-approved costs like prior filing fees.
The balance calculation deserves its own attention. Post-judgment interest runs from the date of the judgment, not the date you file for garnishment. In federal court, the rate is tied to the weekly average one-year Treasury yield for the week before judgment was entered, compounded annually.3Office of the Law Revision Counsel. 28 USC 1961 – Interest State courts set their own rates, sometimes statutory fixed, sometimes variable. Using the wrong rate is a common error; verify your jurisdiction’s rule before doing the math.
Fill In the Form Field by Field
Work through the form methodically. Accuracy matters more than speed.
The caption at the top identifies the case. Enter the court’s name, case number, and the parties’ names exactly as they appear on the original judgment. Even a middle initial present on the judgment but missing on the garnishment form can cause problems.
The body of the form asks for judgment details and the balance. Break out principal, accrued interest, payments already received, and allowable costs into their designated fields rather than lumping everything into a single total. Courts want to see the math.
Enter the garnishee’s information precisely. For wage garnishment, use the employer’s legal business name, not a trade name or abbreviation. For bank garnishment, use the institution’s full legal name. A misidentified garnishee has no legal obligation to comply, and your filing fee is gone.
Sign and date at the bottom. Some jurisdictions require notarization; others require the form to be signed under penalty of perjury. The instructions are usually printed on the form or on an accompanying instruction sheet — read them.
Redact Personal Identifiers
Court filings are largely public. Federal Rule of Civil Procedure 5.2 requires that filings show only the last four digits of any Social Security number, taxpayer identification number, or financial account number.4Legal Information Institute. Federal Rules of Civil Procedure Rule 5.2 – Privacy Protection For Filings Made with the Court Most state courts follow similar rules. Filing unredacted identifiers can expose you to sanctions.
Stay Within the Federal Wage Garnishment Cap
This is where creditors get themselves into trouble by asking for too much. Under the Consumer Credit Protection Act, the maximum garnishment for ordinary consumer debt is the lesser of two amounts: 25 percent of the debtor’s disposable earnings for that pay period, or the amount by which those earnings exceed 30 times the federal minimum wage of $7.25 per hour.5Office of the Law Revision Counsel. 15 USC 1673 – Restriction on Garnishment
“Disposable earnings” means what remains after legally required deductions: federal and state income tax, Social Security, Medicare, and state unemployment insurance. Voluntary deductions like retirement contributions, union dues, and health insurance premiums do not reduce the base.6Office of the Law Revision Counsel. 15 USC 1672 – Definitions
In practice: weekly disposable earnings of $217.50 or less (30 × $7.25) are entirely off-limits. Between $217.50 and $290, only the amount above $217.50 can be taken. Above $290, the 25 percent cap produces the smaller number and controls.
Different rules apply to support and taxes. For child support or alimony, garnishment can reach 50 percent of disposable earnings if the debtor is supporting another spouse or child, or 60 percent if not, with an additional 5 percent when payments are more than 12 weeks overdue.5Office of the Law Revision Counsel. 15 USC 1673 – Restriction on Garnishment Federal and state tax debts are also outside the 25 percent cap. Some states impose lower ceilings than federal law; the debtor gets whichever protection is greater.
Income You Cannot Reach
When a garnishment order hits a bank account, the financial institution must review the account’s deposit history for the prior two months and automatically protect any funds traceable to certain federal sources:7eCFR. 31 CFR Part 212 – Garnishment of Accounts Containing Federal Benefit Payments
- Social Security and SSI benefits
- Veterans benefits
- Railroad retirement and unemployment insurance benefits
- Civil Service and Federal Employee Retirement System benefits
The bank must complete this review within two business days and cannot freeze the protected amount. The debtor doesn’t file anything for the protection to apply; it’s automatic.7eCFR. 31 CFR Part 212 – Garnishment of Accounts Containing Federal Benefit Payments If the debtor receives any of these benefits by direct deposit, expect part or all of the account to be shielded. A garnishment aimed at an account that holds only exempt funds is a wasted filing fee.
File, Pay, and Serve
File the completed forms with the clerk’s office in the court that issued the original judgment. Depending on local rules, you may be able to file in person, by mail, or electronically. A filing fee is required; the amount varies by jurisdiction, and the clerk won’t process anything without payment.
Once the court issues the writ, you’re responsible for getting it served on the garnishee and the debtor. Common service methods include certified mail with return receipt requested and delivery by a professional process server. Some jurisdictions allow service by the sheriff or a specially appointed person; in federal cases, the U.S. Marshal may serve the writ.2U.S. Marshals Service. Writ of Garnishment
Proof of service is not a formality. You need a signed return receipt, a process server’s affidavit, or whatever documentation your jurisdiction accepts, and you need to file it with the court promptly. Without it the garnishment isn’t procedurally complete and won’t be enforced. Many garnishments stall at this exact step.
Watch the Service Deadline
Most jurisdictions impose a deadline for serving the writ after the court issues it. Some states give 30 days; others allow more or less. Miss the window and the writ expires, meaning a new request and another filing fee. Check the local rule the moment you receive the issued writ.
Close Out the Garnishment When the Debt Is Paid
Once the garnished funds fully satisfy the judgment, including accrued interest and costs, stop the garnishment and notify the court. For continuing wage garnishment, send a release to the employer directing them to stop withholding. Over-collection creates its own legal exposure.
File a satisfaction of judgment with the court to formally close the case. If the judgment created a lien on the debtor’s real property, the debtor may ask that the satisfaction be recorded with the local recorder of deeds to clear the title. Many jurisdictions penalize creditors who unreasonably delay filing a satisfaction after receiving full payment, so don’t sit on it.