To garnish wages after a judgment, you file a writ of garnishment with the court that entered the judgment, have the sheriff or a process server deliver it to the debtor’s employer, and the employer then withholds part of each paycheck and sends it to the court for you. Federal law caps most garnishments at 25% of the debtor’s disposable earnings, and the actual amount depends on what the debtor earns and the type of debt.1Office of the Law Revision Counsel. 15 USC 1673 – Restriction on Garnishment Each step has its own paperwork and deadlines, and skipping one can stall collection for months.
First, Find Out Where the Debtor Works
You cannot garnish wages without a current employer name and address. If you already learned this during the underlying lawsuit, you can go straight to filing. If not, use post-judgment discovery to force the debtor to disclose employment, bank accounts, and other assets.
The two standard tools are post-judgment interrogatories, which are written questions the debtor answers under oath, and a debtor’s examination, an in-court hearing on the record. Federal courts allow broad post-judgment discovery under Rule 69(a) of the Federal Rules of Civil Procedure, and state courts have similar mechanisms. The debtor typically has 30 days to answer written interrogatories, though the exact deadline varies. If the debtor ignores the questions or lies, you can file a motion to compel, and the court can hold them in contempt.
Accuracy matters here. The employer’s full legal name and physical address on your garnishment paperwork must match the entity that actually pays the debtor, because that is who gets served. A wrong or outdated employer stops the process before it starts.
Documents and Where to File
The foundation of any wage garnishment is a certified copy of the judgment, which you get from the clerk of the court that entered it. Without it, no garnishment can proceed.
The main filing is an Application for Writ of Garnishment, available from the clerk’s office. You fill in the case number, the judgment amount, the debtor’s full legal name and address, and the employer’s name and address. A misspelled employer name or wrong address can get the application rejected or delay the process by weeks.
Some courts require additional forms — an affidavit swearing the judgment remains unpaid, a proposed order for the judge to sign, extra copies. Call the clerk’s office before you go. Requirements vary by court, and showing up without the right paperwork wastes a trip.
File the completed application with the clerk of the court that entered the judgment and pay the filing fee. Fees vary by jurisdiction and can run from a few dollars to a few hundred. If the paperwork is in order, the court issues the Writ of Garnishment, the actual order directing the employer to start withholding.
Serving the Employer
The writ then has to be formally served on the employer, who is now legally called the garnishee. Service is usually handled by the local sheriff’s office or a licensed private process server, with a separate fee. The debtor also gets served with a copy of the writ and notices explaining their right to object and claim exemptions. The employer receives the writ, an answer form to complete, and instructions for calculating the withholding.2Office of the Law Revision Counsel. 28 USC 3205 – Garnishment
Follow the local service rules exactly. If the sheriff serves the wrong office, or the process server files a defective proof of service, the garnishment can be challenged and thrown out.
How Much You Can Actually Collect
Federal law under the Consumer Credit Protection Act caps what can be taken from an ordinary civil judgment at the lesser of two numbers:
- 25% of the debtor’s disposable earnings for the pay period, or
- the amount by which disposable earnings exceed 30 times the federal minimum wage ($7.25 per hour in 2026, making the threshold $217.50 per week).
“Disposable earnings” is not take-home pay in the everyday sense. It means gross earnings minus amounts required by law to be withheld: federal and state taxes, Social Security, and Medicare. Voluntary deductions like health insurance, retirement contributions, and union dues are not subtracted.3Office of the Law Revision Counsel. 15 USC 1672 – Definitions Disposable earnings under the statute will usually be higher than the number on the debtor’s actual paycheck.
Here is the math. If the debtor’s weekly disposable earnings are $300, 25% is $75, and the amount above the $217.50 threshold is $82.50. The garnishment is capped at the lesser figure, $75. If the debtor earns only $230 in disposable income that week, 25% would be $57.50, but the amount above the threshold is only $12.50, so $12.50 is all you get.1Office of the Law Revision Counsel. 15 USC 1673 – Restriction on Garnishment If disposable earnings fall at or below $217.50 per week, nothing can be garnished at all.
Many states set limits more favorable to the debtor. Some lower the percentage, some raise the protected earnings threshold, and a handful prohibit wage garnishment for consumer debts altogether. The federal limit is the floor, and the debtor always gets whichever law is more protective.
Higher Caps for Support and Federal Debts
Child support and alimony operate on a different scale. Up to 50% of disposable earnings can be garnished if the debtor is already supporting another spouse or child, and up to 60% if not. When payments are more than 12 weeks overdue, an additional 5% can be added, reaching 65%.1Office of the Law Revision Counsel. 15 USC 1673 – Restriction on Garnishment
Defaulted federal student loans can be garnished at up to 15% of disposable pay through an administrative process, without any lawsuit.4Office of the Law Revision Counsel. 20 USC 1095a – Wage Garnishment Requirement Other federal agency debts follow the same 15% cap.5U.S. Department of Labor. Fact Sheet 30 – Wage Garnishment Protections of the Consumer Credit Protection Act
Income You Cannot Reach
Certain income is off-limits for most creditors regardless of the size of the judgment. Social Security retirement, disability, and survivors’ benefits are protected by federal law from garnishment, levy, or attachment.6Office of the Law Revision Counsel. 42 USC 407 – Assignment of Benefits The same protection extends to Supplemental Security Income, Veterans Affairs benefits, federal employee and military retirement pay, and railroad retirement benefits. Child support, alimony, and federal tax debts can still reach some of these federal benefits, but for a standard civil judgment such as a breach of contract or personal injury case, these income streams are untouchable.
Exemptions often don’t apply automatically. In most cases the debtor has to raise them by filing an objection after receiving the garnishment notice. As the creditor, know these exist before you file, because garnishing exempt income can result in the court quashing the entire garnishment and, in some jurisdictions, awarding the debtor attorney’s fees.
When Other Creditors Are Already in Line
The federal cap applies to total withholding, not to each individual garnishment. If a debtor already has 25% withheld for another creditor’s judgment, a second ordinary creditor cannot garnish anything additional.5U.S. Department of Labor. Fact Sheet 30 – Wage Garnishment Protections of the Consumer Credit Protection Act
Priority among competing creditors is governed by state law, not the CCPA. Generally the first garnishment order served takes priority, but child support orders almost always jump to the front regardless of when they were filed, and tax levies also take priority over most other garnishments. If the debtor already has a 50% child support withholding, there is no room left for an ordinary judgment.
This is one of the most common reasons a garnishment produces nothing. Before spending money on filing and service, try to determine through post-judgment discovery whether the debtor is already subject to support orders or other garnishments. If the wages are spoken for, look at other collection methods such as a bank account levy.
After the Employer Is Served
Once served, the employer confirms the debtor works there, calculates the correct withholding under the applicable limits, and starts deducting from the next paycheck. Payment goes to the entity named in the order, usually the court clerk or a designated disbursement office, which then forwards it to you. Withholding continues each pay period until the judgment balance, including post-judgment interest and allowed costs, is paid off or the court orders otherwise. The garnishment deduction should appear separately on the pay stub so both sides can track progress.
The employer must also file an answer with the court, confirming employment, stating earnings, and showing the garnishment calculation. The deadline is spelled out in the writ.
If the Employer Ignores the Writ
An employer who ignores a valid writ risks contempt and, in most jurisdictions, a default judgment against the employer for the amount that should have been withheld. Some states also let the creditor recover attorney’s fees incurred to enforce compliance. If you suspect noncompliance, file a motion to compel the employer’s answer. The court will typically set a hearing, and if the employer cannot show good cause for the failure, consequences follow quickly.
If the Debtor Objects
After receiving notice, the debtor has a limited window to file a written objection with the court, commonly 10 to 30 days depending on the jurisdiction. Objections usually claim the income is exempt, argue the garnishment amount is miscalculated, contend the debt has already been paid, or attack the underlying judgment.
A timely objection triggers a hearing. You will need to attend, prepared to show the judgment is valid and the garnishment complies with applicable limits. Whether withholding pauses during this period depends on local rules. If the court sustains the objection it can reduce or eliminate the garnishment; if it overrules the objection, withholding continues. Many objections are filed on shaky grounds or simply to delay, but take them seriously — missing the hearing can hand the debtor a win by default.
When Collection Ends or Stalls
Garnishment ends when the judgment balance, including accrued interest and allowed costs, reaches zero. Several things can interrupt collection before that.
If the debtor quits or is fired, the employer’s duty to withhold stops immediately, and the employer should notify the court and the creditor. You then have to locate the new employer, potentially through another round of post-judgment discovery, and serve a fresh writ. Every job change restarts the service process and adds fees.
Bankruptcy triggers an automatic stay that halts most garnishments immediately. Whether the underlying debt survives depends on the type of debt. Most ordinary civil judgments can be discharged, which would end collection entirely.
Judgment Expiration and Post-Judgment Interest
Court judgments don’t last forever. Most states set an expiration period, commonly 5 to 20 years, after which the judgment is unenforceable unless renewed. Renewal typically requires filing a motion before the judgment expires. Miss that deadline and you lose the right to collect. If you’re chipping away at a large judgment through small periodic garnishments, keep the expiration date on your calendar.
Judgments accrue interest from the date they’re entered. In federal court, the rate is tied to the weekly average one-year Treasury yield for the week before the judgment was entered, compounded annually.7Office of the Law Revision Counsel. 28 USC 1961 – Interest State courts set their own rates, which commonly fall between 2% and 10% per year. The amount you’re owed keeps growing while you collect, and your garnishment balance should account for the full amount including accrued interest.