How to Initiate a Garnishment

Wage garnishment is one of the best ways to secure payment on a debt from a debtor who is employed. When you garnish an employee's wages, his employer withholds his monthly payment on the debt before giving him his paycheck, guaranteeing that you will get your money each month and that the debt will eventually be paid back. Go through the civil court system to initiate a wage garnishment.

Instructions

1

Win a judgment against the debtor in civil court. Serve notice to the debtor that you are suing him so that he can contest the lawsuit if he wishes. Unless the debtor can prove that he did not incur the debt or that there are extenuating circumstances, the judge will rule in your favor.

2

Obtain a form from the court for wage garnishment. Complete the form. Provide the debtor's name and place of employment as well as the amount of the judgment against her. If your state allows you to collect court costs against a debtor, add the amount of court costs to the judgment and report the total she owes on the garnishment form. File the completed form with the court.

3

Check your mail. Two to three weeks after you file the order for garnishment, you will receive a signed copy of the garnishment order from the judge who handled your case. Serve this order to the debtor and his employer by giving copies to the sheriff to deliver or by sending them to the appropriate parties via registered mail.

4

Wait for the employer's response in the mail. Occasionally, the employer will report that the debtor no longer works for his company. If this happens, you must see the clerk of the court to schedule a hearing. You have 15 days to do this after receiving this notice from the employer. At the hearing, the judge will examine the debtor's sources of income, if any, and determine whether you can garnish those sources.

5

Collect payments each month from the debtor's employer until the debt is paid off. Apply the payments to the debtor's account and provide the debtor and his employer with a monthly statement showing the debtor's balance and how much has been paid so far. When the debtor has paid off his debt, file an order of satisfaction with the court. When you get the signed copy of this order, send it to the debtor's employer to cancel the wage garnishment.