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A writ of garnishment is a court order directing an employer to withhold money from an employee's wages and pay it to a judgment creditor. The employer becomes the garnishee, must answer the writ within a set deadline, and can be held liable for the debt if it fails to comply.
After a creditor obtains a judgment against an individual, it may ask the court to issue a writ of garnishment served on the debtor's employer. The writ identifies the employee, the amount of the judgment, and the deadline for the employer's written answer, which usually must state whether the employee works there and what earnings are subject to withholding. Missing the answer deadline can make the employer liable for the entire judgment, not merely the amount it would have withheld.
The amount withheld is limited by Title III of the Consumer Credit Protection Act, which caps ordinary creditor garnishments at the lesser of a percentage of disposable earnings or the amount by which disposable earnings exceed a multiple of the federal minimum wage. Disposable earnings are gross pay less legally required deductions, not voluntary ones. Many states impose lower caps or exempt certain wages entirely, and the more protective rule applies.
When multiple orders arrive, priority matters. Child support withholding, handled through the process described by the federal Office of Child Support Services employer page, and federal tax levies generally outrank ordinary creditor writs. Title III also prohibits discharging an employee because their earnings are garnished for any one indebtedness. Common mistakes include calculating the cap on gross rather than disposable earnings, stopping withholding when the employee complains rather than when the court releases the writ, and failing to notify the court promptly when the employee terminates.
The employer can be held liable for the full judgment amount, not just the sums it should have withheld, and may face additional sanctions from the court. The written answer is usually due within a short window after service, so the writ should be routed to payroll or counsel immediately on receipt.
For an ordinary creditor judgment, federal law caps withholding at the lesser of a set percentage of disposable earnings or the amount by which disposable earnings exceed a multiple of the federal minimum wage. Many states cap it lower or exempt more, and the rule more protective of the employee governs.
Not for a garnishment arising from a single debt. Federal law prohibits discharge on that basis, and some states extend the protection to multiple garnishments. Even where the federal floor allows termination after a second debt, state law and the practical risk of a retaliation claim usually counsel against it.