Can someone garnish my paycheck without suing me first?

• Usually not. Except for some debts to the government, you can only be garnished: 

o        If a creditor has already sued you, and

o        You had a chance to respond, and

o        The court has already entered a judgment against you.

• The IRS and some other agencies can garnish you without suing first. 

o        They need to send you notice first.

o        They need to give you a chance to challenge the debt.

o        Usually, agencies do not garnish unless other attempts to get you to pay fail.

How much of my paycheck can be garnished?

• Nothing, unless your take-home pay is at least $196.50 per week.
• If your take-home pay is more than that:
• No more than 25 percent of your pay can be garnished.
• But you must have at least $196.50 per week left.

• If the garnishment is for child support, up to half (50%) of your wages can be garnished.

• Sometimes, child support garnishments can even take 60 percent of your wages.

How does a wage garnishment work?

• The Court sends notice of a wage garnishment to you and to your employer.
• Your employer has up to a month to answer and start taking out your money.
• Your employer does not have to wait the month, however.
• The Court should also send you a copy of the answer of your employer.
• Anytime you receive garnishment papers, you should see a lawyer right away to see if you can protect your wages and other property.

How can I stop a wage garnishment?

• You may be able to stop it by filing a claim of exemptions. This usually works if:
• You have a small income and don't have much other property.
• The judgment is on a debt or contract.
• The Court will give the creditor fifteen (15) days to challenge your exemption.
• The garnishment keeps going until the Court issues an Order, but afterward the wages withheld should be returned to you unless contested by the creditor.
• The Court may temporarily halt the garnishment during the 15 days if you file a special motion asking the Court to do so.

• For a form declaration of exemptions that you can fill in and file yourself, see the Declaration and Claim of Exemptions.

• See also Instructions for Completing Form for Declaration of Exemptions to Protect Wages.

• You can stop it by filing a bankruptcy.

• You get the creditor to release the garnishment.

• You should talk to a lawyer about how you can protect your wages.

Can a creditor garnish anything else?

• Yes. A creditor can try to serve garnishment papers on anyone who owes you money.
• Your bank account can be garnished, but some exemptions apply.