In California, the first step to garnishing someone's wages is to have a court confirm that the debtor owes you money so the court can award a judgment . The next step is to have the court issue a writ of execution. If you present the writ to the county sheriff where the debtor lives, the sheriff will direct the debtor's employer to begin the garnishment. If the debtor lives out of state, garnishment may still be possible, but it's more complicated.
State Law
Your ability to garnish your debtor's wages may be limited by the other state's laws on debt collection. For example, Texas only allows garnishment for child support, back taxes and student loan debt. North Carolina has similar restrictions on in-state creditors, but it makes an exception for court judgments from states with different rules. Some states let you collect just by presenting proof of your California judgment, while others will require you to file an in-state court case first.
Locating Debtors
Before you can garnish the debtor's wages, you have to find her and the place where she works. California's court system isn't going to do this for you. If you have any mail from her, a canceled check or her attorney's address, this will give you a starting point. If you can find the county she lives in, you know which sheriff to present with the writ. In some cases, you may need to use search engines and other online resources to track your debtor down.
Federal Law
If you do find your debtor, and you can garnish his wages in the state where he works, you'll have to comply with federal garnishment rules. Unless you're seeking back child support, the most you can garnish is 25 percent of post-tax income per pay period. If someone else is already garnishing the person's wages, you'll have to settle for less than 25 percent until the other debt is settled. Your debtor can, however, agree to let you take more than 25 percent to settle the debt faster.
Considerations
If you can't garnish the debtor's wages, you may be able to levy her bank account after she deposits her paycheck in it. If the debtor owns a business, you also can ask the sheriff to perform a till tap, which enables you to take money out of the business accounts to settle a debt. In some cases, you may be able to negotiate a settlement without going through the garnishment, so attempt to communicate with the debtor before you file the writ.
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