Procedure

• Laws for judgments and wage garnishment are different in each state. The first place to look in determining the appropriate procedure for wage garnishment is the specific Rules of Civil Procedure that govern the court in which the judgment was awarded. The Federal Rules of Civil Procedure would set forth the process for obtaining a court order for wage garnishment (also called a writ of garnishment) in a federal court, the Mississippi Rules of Civil Procedure would govern the process in Mississippi, and so on. In addition, several states and the federal government, have specific statutes that place additional requirements on the wage garnishment process.
  
  

Limitations

• Many states set a maximum percentage of income that a court can order garnished. Some states, like Maine and Michigan, only allow up to 25 percent of a creditor's disposable income be garnished. Other states exempt certain properties and portions of income from wage garnishment.
  
  

Taxes

• Both the IRS and state taxing authorities typically use wage garnishment as a means to collect back taxes and other penalties and fees.
  
  

Service

• Whatever the specific process the jurisdiction has for obtaining garnishment on a creditor's wages, parties to a civil suit must serve (or deliver) all filed court papers to each party to the lawsuit. For example, if a plaintiff seeks a writ of garnishment against a defendant, she must follow the relevant court procedures to ask the court to issue such a writ. When she files her papers with the court, she must deliver copies of those papers to the defendant, the court and the defendant's employer (who is the garnishee).
  
  

Discharge

• The federal Consumer Credit Protection Act prohibits most employers from firing their employees because the employer must garnish the employee's wages under a court order. Many states have similarly laws that provide similar employee protections. However, it is generally unlawful for an employer to refuse to garnish an employee's wages when ordered by a court to do so. Many states have enumerated penalties in the event employer's fail to comply with a garnishment order.
  
  

Warning

• To find out how the facts of your situation apply to the judgment and wage garnishment laws, contact a qualified attorney, licensed to practice in the jurisdiction in which you reside. All laws are subject to change.