What to do if they are trying to garnish my wages

Garnish my wages

For general information see the section “Steps to Filing a Writ” in the document Instructions on How to Collect a Judgment and Completing a Writ of Garnishment (JDF 82). The link to the document is below.

Process

A judgment creditor will send a Writ of Continuing Garnishment to your employer.

Employer will send you a Calculation of Exempt Earnings with the first paycheck affected by the judgment creditor’s Writ.

If you disagree with the employer’s calculation, you have 7 days to try to work it out with employer. If you cannot work it out with employer, you must file written objection with the Court within 14 days of receiving calculation. (See Form 28).

In addition to filing Objection with the Court, send copies to your employer and the Judgment Creditor (or his attorney) by certified mail.

If you file a written objection within 14 days of receiving calculation, Court will set a hearing within 14 days of when objection was filed. The hearing is only regarding the calculation of non-exempt earnings and is not an opportunity to challenge the original judgment.

If at the hearing it is determined that the calculation was incorrect, any overpayment will be returned to you.

If there is no objection or if the objection is dismissed at the hearing, your non-exempt earnings will be paid to the judgment creditor. Writs of Continuing Garnishment are in effect for 182 days (judgments entered after 8/8/2001) or 91 days (judgments entered before 8/8/2001).

Note: The judgment debtor may have more than one Writ affecting his/her wages. Generally, the Writ served first has priority, but a Writ for a support debt has priority over any other Writ.