Garnishment | Practical Law

Garnishment | Practical Law

Garnishment

Garnishment

Practical Law Glossary Item 8-508-2727 (Approx. 2 pages)

Glossary

Garnishment

A judicial proceeding by which a monetary judgment is satisfied against a defendant by ordering a third party to pay a plaintiff the money that the third party owes to the defendant. A plaintiff may initiate a garnishment action as either a:
  • Prejudgment seizure.
  • Postjudgment collection.
The procedure for obtaining and enforcing a garnishment order is usually determined by state law, although a federal statute will govern if it applies.
Wage garnishment is the most common type of garnishment. It is usually enforced through a court order requiring an employer to deduct money from an employee’s compensation until the employee’s entire debt is paid, or other arrangements are made to pay the debt in full. Typically, garnishment is taken to satisfy debts related to:
  • Student loans.
  • Child support.
  • Court fines.
  • Taxes.
Federal and state laws may restrict or prohibit garnishment in certain circumstances, or may exempt from garnishment certain types of property, such as social security or disability benefits.