Types of Garnishments
There are two types of Garnishment:
Writ of Garnishment
A writ of garnishment is served on a person or other entity that holds assets on behalf of the defendant, usually the defendant’s bank. Upon service of the writ of garnishment, the garnishee will hold those assets in the garnishee’s possession at the time of service of the writ or at any time between the service of the writ and the garnishee’s answer until there is an order directing the garnishee to disburse the funds.
Continuing Writ of Garnishment Against Salary or Wages
A continuing writ of garnishment is served on a person or other entity that owes the defendant salary or wages. The garnishee will periodically withhold a portion of the defendant’s wages until the judgment is satisfied, the defendant is no longer employed by the garnishee, or there is another court order addressing the garnishment.
Frequently Asked Questions
Within 20 days of receiving notice of the garnishment, you must move to dissolve the writ or, if you qualify, file a Claim of Exemption and Request for Hearing. The Claim of Exemption form can be obtained here.