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Begin by completing the Answer form for all pay periods ending within 14 days of receiving the initial garnishment order. Ensure you provide accurate details regarding the judgment debtor's earnings.
For each payroll period after the garnishment order, fill out the Written Explanation form. This should be done as part of your regular payroll process.
If applicable, retain disposable earnings as specified in paragraphs 2 and 3 of the instructions, ensuring compliance with court orders related to child support or spousal support.
Complete paragraphs 12, 13, and 14 of the Answer form based on the provided Disposable Earnings Table to determine how much can be withheld from the judgment debtor's earnings.
Sign and date both forms under penalty of perjury before delivering copies to all judgment creditors listed in paragraph 15.
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The answer of the garnishee shall set forth the following: 1. Whether the garnishee was indebted to or otherwise in possession of monies of the judgment debtor at the time the writ was served. 2. The total amount of indebtedness or monies in possession of the garnishee at the time the writ was served.
What happens if I ignore a garnishment order?
If the employer does not respond to the Writ of Garnishment, the employer may be held in contempt of court, and the creditor may receive a default judgment against the employer.
What is the most they can garnish from your paycheck?
There are no federal limits to the amount that can be taken in account garnishment. Your state may have laws that are more protective. Some sources of income are considered protected in account garnishment, including: Social Security, and other government benefits or payments.
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Related links
28 U.S. Code 3205 - Garnishment - Legal Information Institute
A court may issue a writ of garnishment against property (including nonexempt disposable earnings) in which the debtor has a substantial nonexempt interest.
In most cases, you have protections from garnishment if the funds in your account include one or more of the following Federal benefit payments: Account number.
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