The process of garnishing a judgment debtor’s wages first requires that the creditor have a writ of execution issued by the court in which the judgment was obtained. Upon issuance of the writ, one thereafter must prepare an application for an earnings withholding order as well as instructions to the levying officer, typically the Sheriff. The writ along with the application and instructions are then provided to the Sheriff. The Sheriff thereafter prepares an Earnings Withholding Order which is served on the judgment debtor’s employer. The employer is then required to provide certain information to the Sheriff regarding the judgment debtor’s employment, as well as notify the employee/judgment debtor of the withholding order. The judgment debtor is given ten (10) days after being notified to seek legal advice, arrange an alternative method of payment to the judgment creditor, or file a claim of exemption. A claim of exemption allows the judgment debtor to avoid garnishment in certain circumstances.
If the withholding order is not contested by the filing of a claim of exemption by the judgment debtor, or if the claim of exemption is filed but denied, the employer will begin withholding wages from the employee/judgment debtor. The wages withheld will then be forwarded to the Sheriff, who in turn provides the funds to the judgment creditor.
Wage garnishment is limited to twenty-five percent (25%) of a person’s wages in most circumstances and fifty percent (50%) for spousal and child support. Apart from the results wage garnishment can obtain as discussed hereinabove, initiating the wage garnishment process may also have practical effects. The possibility of garnishment may compel the debtor to reach an agreement with the judgment creditor to pay the judgment to avoid the embarrassment of having his employer withhold wages.
In many ways, wage garnishment is an effective way to satisfy a judgment. It is important to note, however, that wage garnishment may cause the debtor to file for bankruptcy or to explore avenues of asset protection that ordinarily he would not have considered in the absence of the withholding order. Accordingly, if you have a judgment and would like to determine whether wage garnishment or any other collection methods are feasible, it is advised that you consult with an experienced attorney. Darrick Tan is an attorney with the Law Offices of Kenneth U. Reyes, P.C. He is a Board of Governor of the Philippine American Bar Association. He is a graduate of Southwestern University School of Law and UCLA. He is a member of the California and Nevada Bar. LAW OFFICES OF KENNETH U. REYES, P.C. is located at 3699 Wilshire Boulevard, Suite 700, Los Angeles, California 90010. Telephone (213) 388-1611 or e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
| < Prev |
|---|
