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Wage Garnishment


Collect Your Judgment from the Debtor's Paycheck

After you've won your lawsuit and received a judgment against the other party, your next step is to attempt to collect what you're owed. The court does not collect your judgment – as the judgment creditor, this is your job.

If the judgment debtor is employed, you may be able to collect a portion of his or her wages until your judgment is paid in full. Under State and Federal law, judgment creditors may garnish up to 25% of earnings above minimum wage to enforce a non-support judgment. The 25% is the total for all garnishments, so if another garnishment is already in place, there may not be any funds available for you to collect until other creditors are paid in full. Additionally, you can only garnish wages if the debtor is employed by a third party; you cannot garnish wages if the debtor is self-employed.

FORMS

The Judicial Council forms commonly used in this procedure are:

Click here to download this Guide, with step-by-step instructions, including sample forms.