What Is a Writ of Garnishment?

If you have an unpaid debt that a lender has been unable to collect on, the lender may be granted a writ of garnishment against you.

The term sounds complicated, and it can be scary to find that there is a judgment against you. In the simplest terms, it is a court order which is granted to allow a creditor that allows him to hold or attach the property of the person being garnished. For most people, this means that a creditor is able to take possession of all or a part of a person's paycheck, repossession of property held as collateral, or, in some cases, bank account to help satisfy a debt.

There are some ways to stop this judgment after it has been granted. The person who is being garnished can request that the court file a motion to quash the writ of garnishment - in other words the debtor can ask the court to suppress, void, or set aside the writ for a number of reasons. In most cases, the defendant must show that the order is not valid due to jurisdictional issues or because the claim was made on an unlawful basis. The motion allows the judge to remove the order and stop or prevent the seizure of property or assets.

There are many situations that can result in a garnishment of your wages. Most often, the writ is ordered after a defendant has failed to pay debts like credit cards, car payments, or other longstanding debts.

Once a writ of garnishment has been issued, the debtor's employer will receive a court order to begin garnishing the employee's wages. Because the order is given by the court, an employer has no choice but to abide by the rules of the garnishment order. The best way to prevent having your wages garnished is to negotiate with creditors to make modifications to payment arrangements before the writ is ordered.

Another common reason for a garnishment to be ordered is for failure to make court ordered child support payments. A party who is granted an order for child support by the court who does not receive the agreed upon payments can request a writ of garnishment to help obtain the funds that are owed. The exact circumstances of the garnishment will be determined by the court and placed in a court order. The judgment may allow all funds to be removed at once, or in payments taken out of subsequent checks.

If you have recently received such a court order, understanding what it means to you will help make the process less intimidating. There are several ways to handle a writ of garnishment, but the first step is to find out as much as possible about the debt you are being asked to repay. Try to handle your debts directly with your debtors so that you can pay on your own terms.