Wednesday, May 1, 2002

Can a Private Citizen Garnish My Wages?

If a private citizen can prove to a judge that you owe them money, that person can legally petition to garnish your wages. However, a sheriff or other law enforcement officer will deliver the judge's order to your employer; the person you owe money to has no right to demand wages directly.

Creditor

    Anyone to whom you owe money is a creditor (and you are the debtor) and any creditor can petition a judge to garnish the wages of a debtor. The creditor must prove that you owe them money and that they have tried to get the money other ways (most courts consider wage garnishment to be a drastic measure), but once the person proves that, they are likely to get the court order.

Proof

    Businesses are legally required to keep thorough records of their income and their expenses, hence, businesses usually have plenty of paperwork showing who owes them money. Many private individuals do not keep such paperwork, and it can be more difficult for a private citizen to prove that you owe them money.

Employers

    If a judge issues a court order allowing your wages to be garnished and handed over to a private individual, a law enforcement agent will present the order to your employer. It is then your employer's legal responsibility, not yours, to withhold the ordered amount from your paycheck.

Amounts

    Generally, a single creditor can garnish no more than 25 percent of your wages. However, if the private individual happens to be someone that you have been ordered to pay child support to, that individual can be awarded up to 50 percent of your wages. While no creditor can push your income below the poverty line, multiple creditors can petition to garnish your wages until you reach that point.

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