writ of garnishment

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A writ of garnishment is a court order that compels the seizure or attachment of a defendant's property, or that of a judgment debtor that is in the possession or control of the property. The person or entity in possession of the property is called a garnishee. A writ of garnishment usually requires the third party to submit the assets to the court to satisfy the court’s judgment against the defendant.

Under Rule 64 of the Federal Rules of Civil Procedure, garnishment is one of the preliminary remedies available for the plaintiff. The rules vary among different states, but generally a writ of garnishment may be issued before or after the judgment. 

In the context of debt collection, a writ of garnishment is issued to enable a creditor to seize a portion of the judgment debtor’s wages for an unpaid debt. Often it is directed at the employer or the bank where the judgment debtor has a bank account. Upon receiving the writ, the employer or the bank will withhold a specific amount of earnings as ordered for it to be transferred to the creditor.

There is a legal limit to the amount of an individuals’ earnings that may be subject to garnishment. Title III of Consumer Credit Protection Act sets the maximum amount that may be garnished. Generally, the weekly amount may not exceed the lesser of the two: 

  1. 25% of the employee’s disposable earnings, or
  2. The amount by which an employee’s disposable earnings are greater than 30 times the federal minimum wage. 

However, this limitation does not apply to garnishment for certain bankruptcy, child support, alimony, and state or federal tax orders.

While both the writ of garnishment and the writ of execution could be used to collect a judgment, the former is used to seize property that is in possession of a third party, whereas the latter is used to seize property directly owned by the defendant. Therefore, the writ of garnishment is often used to seize liquid assets, and the writ of execution is often used to seize non-liquid assets. 

[Last updated in July of 2024 by the Wex Definitions Team]