How to Garnish Wages in North Carolina

To garnish a debtor's wages in North Carolina, you have to file suit in the small claims court in the county where he lives. However, according to state law, wages can be garnished only for debts involving taxes, student loans, alimony or child support. You cannot garnish someone for credit-card debt unless a judgment has been ordered by a court in another state.

Instructions

1

Familiarize yourself with North Carolina wage garnishment laws. As of 2010, employers in North Carolina can legally withhold wages only on the basis of back taxes, student loans, alimony and child support. In certain instances, unpaid ambulance services could also be included. Other debts, including credit-card debts, are not permitted under the state's garnishment rules. The only exception is if a court from another state ordered a wage garnishment.

2

Go to Small Claims Court and file a lawsuit against the debtor. Make sure that you have all the necessary paperwork to prove your claim to the judge. If judgment is found in your favor, the court will issue a writ of execution.

3

Go to the office of the county where the debtor lives and obtain an application for an earnings withholding order. Have the order served to the debtor's employer. This order will provide clear instructions about how much money is to be withheld from the employer's wages and how the money will be collected.

4

Be prepared to negotiate with the debtor. Once the necessary paperwork has been served on the employer, you should start receiving the garnishment payments. The debtor has 30 days after judgment was found to start making payments, so during that time, he might attempt to negotiate different payment amounts. He can also file an appeal or he can file for bankruptcy.