how garnishment works
for a debtor s wage to be garnished a creditor must typically obtain a court order proving that the debtor owes money and has defaulted on payment if the debt is an internal revenue service irs levy a court order is not required 2 for example if john smith owes 10 000 in overdue unpaid taxes the irs can resort to garnishing his wages the irs would then direct smith s employer to remit a portion of his salary for a certain amount of time until smith s tax obligation is fully paid because garnishments are usually the last resort to collect debts and show a debtor s unfavorable repayment history they can harm an individual s credit rating types of garnishmentgarnishment comes in different forms but the idea is the same it s when a creditor legally takes money from you to pay off a debt here are some common types who can garnish wages wage garnishment can be initiated by a couple different entities each of these entities below have the legal capability of seizing assets depending on the type of debt owed and applicable laws here s a breakdown of who can garnish wages though this list is not meant to be exhaustive note that after the initial contact regarding the intention to see garnishment you may have the opportunity to settle your debt without having to go through the garnishment process notice of garnishmentreceiving a notice for garnishment typically involves a formal legal process the specific procedures can vary depending on the type of garnishment and applicable laws but there are general steps involved first you ll usually receive communication from the creditor or the entity seeking garnishment they want to inform you of the debt owed and their intent to pursue garnishment if the debt remains unpaid if the creditor decides to proceed with garnishment they must obtain a court order or judgment authorizing the garnishment once the court order is granted you ll receive official notification this is usually a legal document served by mail or hand delivered this notification will outline the details of the garnishment such as what s owed the creditor s identity and instructions on how to respond if you wish to contest the garnishment depending on the circumstances you may have the opportunity to challenge the garnishment legal professionals can help you understand your rights under the law and explore potential defenses otherwise the garnishment will occur as outlined as prescribed in the communication avoiding garishmentsyou can take proactive steps to avoid garnishments first you generally may have the greatest flexibility if you have open communication with your creditors if you re struggling to make payments reach out to your creditors as soon as possible to discuss potential solutions note that your specific situation may be more complex and consulting with legal counsel first may be advisable you may also want to consult legal counsel if you re facing imminent garnishment consulting with a qualified attorney experienced in debt resolution and consumer protection laws can help determine whether a garnishment claim will be valid an attorney can assess your situation explain your legal rights and options and represent you in negotiations with creditors or in court proceedings if necessary consider reaching out to a reputable credit counseling agency though they may not be able to help you avoid the garnishment process they can offer assistance in developing a budget managing debts and exploring debt relief options specific to your circumstances last one of your best defenses is to simply stay on top of your personal finances and make sound monetary decisions monitor your financial accounts closely for any notices or communications from creditors or collection agencies be mindful of debt your taking out and your ability to pay for it consider prioritizing setting up an emergency fund to help alleviate financial pressure if you lose your job every state will have its own garnishment laws for example washington s law defines garnishment defines what is subject to garnishment and outlines numerical limits 3