How Do Employers File Answers to Wage Garnishments?

When a creditor obtains a writ of garnishment, the employer is the garnishee and the creditor is the garnishor. Employers are liable to creditors if they do not comply with a writ of garnishment. In most states, employers answer a writ of garnishment by filling out the paperwork attached to the judgment and returning it to the creditor or the creditor's attorney.

Procedure

A writ of garnishment is a judgment obtained by a creditor to collect on debt owed by an employee. When a creditor obtains a writ of garnishment, the writ is delivered directly to the employer. Procedure can vary, but typically, employers receive forms that ask information about the employee's income including mandatory deductions. Employers must respond in a timely manner; some states give employers as little as five business days to answer the writ.

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Interrogatories

Interrogatories are often attached to the legal papers the employer receives. Interrogatories typically ask about an employee's disposable income and whether the employee has other garnishments. Interrogatories often involve questions about other garnishments because the combined total of multiple garnishments cannot exceed the statutory minimum --- usually 25 percent of an employee's income after necessary deductions --- and certain types of garnishments take priority such as child support withholdings.