Garnishment in the United States
Garnishment Definition
In Old Practice. A warning to any one for his appearance, in a cause in which he is not a party, for the information of the court and explaining a cause. For example, in the practice of Pennsylvania, when an attachment issues against a debtor, in order to secure to the plaintiff a claim due by a third person to such debtor, notice is given to such third person, which notice is a garnishment, and he is called the garnishee. In Modern Practice. A writ or process by which money owing to a defendant -according to the definition of Garnishment based on The Cyclopedic Law Dictionary– is attached in the hands of the creditor, and the creditor is required to appear at a designated time, and disclose the nature and extent of the indebtedness. In some sta,tes this process is called trustee process, in Connecticut factorizing process, and in New York the term garnishment is not used, it being classed as an attachment.
For other meanings of it, read Garnishment in the Legal Dictionary here.
Plain-English Law
Garnishment as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455): A court-ordered process that takes property from a person to satisfy a debt. For example, a creditor may garnish a debtor’s wages if the debtor loses a lawsuit filed by the creditor.
Practical Information
A legal proceeding by a judgment creditor (in U.S. law) to compel a third party owing money to, or holding money for, a judgment debtor to pay the money to the creditor instead of to the debtor. The third party against whom the proceedings are brought is called the garnishee. Not only wages and salaries, but trust funds, insurance disability payments, and the like may be garnished. The laws that govern the right of garnishment and the procedures in effecting garnishment differ greatly in the various states. Collecting a judgment by garnishment is particularly useful to a retail creditor whose customers are composed largely of salaried people or wage earners. (Revised by Ann De Vries)
Legal Materials
The U.S. Department of Labor posts information about the Federal garnishment law.
Garnishment laws for all 50 states are summarized by BCS Alliance.com, the CCH State Law Summaries on Intelliconnect, and West’s Guide to Employment Law and Regulation; double-check the summaries with the relevant state statutory codes. Or skip the summaries and go directly to the codes.
Garnishment is discussed in the Vicki Lambert’s Garnishment: A Practical Guide(CCH), Joan Garrett’s The Law of Attachment & Garnishment (Oceana Publications), Amorette Nelson Bryant’s Complete Guide to Federal and State Garnishment, theEmployer’s Guide to Garnishment (RIA) and Robert Hobbs’ Fair Debt Collection(National Consumer Law Center).
Concept of Garnishment in Labor Law
In this context, a definition of Garnishment is offered here: Deductions made by an employer from an employee’s wages and rendered to a creditor of the employee.
Meaning of Garnishment
In plain or simple terms, Garnishment means: A court order to take part of a person’s wages, before he gets them, and apply the amount taken to pay a debt owed to a creditor.
Resources
See Also
Further Reading
- Information about Garnishment in the Gale Encyclopedia of American Law.
Further Reading (Articles)
DOD GARNISHMENT PROGRAM, US Fed News Service, Including US State News; July 20, 2007
Ignoring Wage Garnishments Can Cost You. Literally., Mondaq Business Briefing; February 22, 2011
Writ of garnishment served? Consult your legal counsel, Texas Banking; February 1, 1996; Rodgers, Kelly
Re: Proposed Guidance On Garnishment Of Exempt Federal Benefit Funds, US Fed News Service, Including US State News; November 27, 2007
Patent Issued for Pillar Garnishments, Interior Garnishment Assemblies Incorporating the Same, and Methods for Controlling Alignment of Interior Garnishment Assemblies, Journal of Engineering; October 2, 2013
Recent Changes to Florida’s Wage Garnishment Exemption, Florida Bar Journal; November 1, 2012; Mitchell, Mark S.
Patent Application Titled “System for the Interchange of Garnishment Requests and Responses among Collection Attorneys and Potential Garnishees” Published Online, Politics & Government Week; October 3, 2013
FEDERAL DEPOSIT INSURANCE GENERAL COUNSEL KELSEY TESTIFIES ON IMPACT OF GARNISHMENT ON SOCIAL SECURITY BENEFITS BEFORE SENATE PANEL, US Fed News Service, Including US State News; September 20, 2007
Agency Reviews Patent Application Approval Request for “Pillar Garnishments, Interior Garnishment Assemblies Incorporating the Same, and Methods for Controlling Alignment of Interior Garnishment Assem, Politics & Government Week; March 28, 2013
Update: Banks Must Protect Depositors’ Social Security and Other Federal Benefits from Garnishments – Treasury Issues Final Rule, Mondaq Business Briefing; June 24, 2013; Vinson, Laurence., Jr.
ATTORNEY GENERAL COOPER ISSUES OPINION REGARDING EMPLOYER’S FEE FOR COMPLIANCE WITH GARNISHMENT, US Fed News Service, Including US State News; February 12, 2007
Peach State Pitfalls: Georgia Employers Must Now Use an Attorney to File Garnishment Answers.(Georgia. Supreme Court), Mondaq Business Briefing; September 27, 2011
Georgia Supreme Court Rules Non-Lawyers May Not Answer Garnishments., Mondaq Business Briefing; September 21, 2011
Laws Set Limits, Rules on Wage Garnishment, The Register Guard (Eugene, OR); September 28, 2003
COURT DECISION MAKES IT IMPERATIVE GARNISHMENT AFFIDAVITS CONTAIN NEW AND PRECISE LANGUAGE-OR PENALTIES COULD RESULT, Commercial Law World; September 1, 2006; Cook, Courtney Hyslip, Jeffrey
WISCONSIN: Rep. Sheridan Introduces Bill Regarding Wage Garnishment, US Fed News Service, Including US State News; April 11, 2007
FEDERAL COMMITTEE EYES GARNISHMENTS, The Roanoke Times (Roanoke, VA); September 22, 2007; Rob Johnson rob.johnson@roanoke.com 9 81-3234
TREASURY ISSUES NEW GARNISHMENT PROCEDURES., States News Service; February 28, 2011
US Patent Issued to Toyota Motor Engineering & Manufacturing North America on Sept. 17 for “Pillar Garnishments, Interior Garnishment Assemblies Incorporating the Same, and Methods for Controlling Alignment of Interior Garnishment Assemblies” (American, Japanese Inventors), US Fed News Service, Including US State News; September 17, 2013
Senator Baucus Calls for Clearer Garnishment Ban, American Banker; September 21, 2007; Hopkins, Cheyenne
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