When a person commits a crime, he will often be ordered to make a payment to one or more person's injured by his crimes. This compensation is known as restitution. This payment of restitution constitutes a legal obligation. If a person fails to make good on it, then the state has -- in most cases -- the right to seek garnishment of the offender's wages.
Restitution
Restitution payments are issued at the time that an offender is incarcerated. However, the payments are generally not made until the offender has been released from jail or prison. When he is released, he is given a payment schedule that he must meet. If he fails to do so, then the state can treat the missed payments like any other delinquent debt and pursue repayment.
Garnishment
Garnishment involves the siphoning off of a debtor's income stream, which is then directed to the party to whom the debtor owes money. In the case of restitution, the payments are generally made to the state. This means that the victim of the crime cannot garnish the ex-offender's wages, as the debt is technically to the state, not the victim. However, the victim may be able to sue the offender for damages in a civil court.
Income Tax Refund
Garnishment orders can sometimes be attached to the payment of an income tax refund. While private debt collectors are not allowed to garnish income tax refunds -- except in Michigan -- governments generally are, although rules vary from state to state.
Consideration
While wages can often legally be garnished by a state for restitution, this does not mean that the state will necessarily choose to do so. In many states, thousands of offenders who owe restitution are delinquent. However, states do not seek out garnishment orders against all of these individuals. Garnishments must be sought at the discretion of a local district attorney.
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