A writ of garnishment allows you to seek payment from money in the debtor’s bank account or a portion of their wages, but issuance is only the beginning. Obtaining it does not transfer those assets to you, as several procedural steps follow before the court can apply them to the unpaid balance.
Serving the writ and notice
After the court issues the writ, a sheriff or authorized process server serves it on the garnishee, usually the debtor’s bank or employer. Service creates a lien on the covered property and requires the garnishee to answer within 20 days.
You must mail a copy of the writ and motion to the debtor’s last known address. For an individual debtor, the package must also include a notice explaining possible exemptions. The deadline is five business days after issuance or three business days after service on the garnishee, whichever is later, and you must then file a certificate of service.
Reviewing the response for accuracy
The garnishee’s answer to the writ identifies any money, wages or other property it owes or holds for the debtor. It must retain the covered assets while the case continues. Reviewing the response can help identify questions about the reported balance, claimed setoffs or ownership details that may affect the amount available for collection.
If any information seems incomplete or inaccurate, you have 20 days after receiving the answer to serve a reply addressing the disputed statements. The court generally treats an unchallenged response as true.
Responding to exemption and dissolution
A debtor may file a sworn claim seeking to protect wages, Social Security benefits or other property from garnishment. They may also seek a dissolution of the writ if they believe an allegation in your original motion is untrue.
For an exemption claim, you have 14 business days to file a sworn written objection after service by mail and eight business days after hand delivery. If the applicable period expires before you respond, the clerk dissolves the writ without a hearing and releases the affected property.
Securing judgment and collecting funds
After the deadlines pass and the court resolves any disputes in your favor, counsel may seek a final judgment based on the nonexempt money the garnishee owes or assets they hold for the debtor, without exceeding the amount still due. Once the garnishee complies with the order, the court can discharge them from further liability under the writ.
A bank garnishment generally covers funds the institution holds from service of the writ until it submits its answer. A continuing wage writ works differently: it directs the employer to make periodic payments from the debtor’s future earnings until those payments satisfy the judgment or the court orders otherwise.