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Litigation & Court Documents

Writ of Garnishment: What It Means for Your Wages (And How to Respond)

A garnishment doesn't happen automatically after a judgment — it requires its own filing, and there are limits on how much can actually be taken.

5 min read

Winning a judgment against someone doesn't automatically get you paid — a creditor typically has to take an additional step, like a writ of garnishment, to actually collect. Understanding how garnishment works matters whether you're the one collecting or the one facing it.

How a garnishment gets started

After obtaining a judgment, a creditor generally has to file a separate garnishment action, often requiring the court to issue a writ directed at the debtor's employer or bank, ordering a portion of wages or funds to be withheld and paid toward the judgment.

There are limits on how much can be taken

Federal law caps wage garnishment at a percentage of disposable earnings, and some states set even stricter limits or exempt certain income types entirely (like Social Security) — a garnishment that exceeds these limits can be challenged.

Some debtors can claim exemptions

Depending on the state, certain amounts or income sources may be exempt from garnishment — head-of-household exemptions, for instance. Filing a claim of exemption properly and on time is often the only way to reduce or stop an otherwise valid garnishment.

Responding to a garnishment notice quickly matters

Garnishment proceedings typically come with short deadlines to object or claim an exemption — missing that window can mean the garnishment proceeds at the full amount even where a valid objection existed.

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