What Is A Writ Of Garnishment, And How Does It Work? (2026)

What a Writ of Garnishment Is

A writ of garnishment is a court order allowing a creditor to do one or both of the following:

• Garnish your wages
• Take funds out of your bank account

Most types of creditors must get a writ of garnishment before taking your money. However, government agencies don’t have to.

Who Issues a Writ of Garnishment?

Only a court can issue a writ of garnishment. However, several things need to happen first:

• The creditor files a lawsuit against you
• They obtain a judgment against you
• After a set waiting period (often 21 days), they request a writ

The court clerk creates the writ, and the creditor arranges to have you served with garnishment papers.

Types of Writs of Garnishment

There are two main types of garnishments:

• Wage (or Continuing) Garnishment: Takes a percentage of each paycheck
• Non-Wage (Bank/Property) Garnishment: Involves a one-time seizure of bank funds or property

In rare circumstances, a judge may grant a pre-judgment writ of garnishment. This happens if there’s evidence that you might hide or spend the money you owe.

What Happens After You Are Served?

Once you’re served, your bank may freeze funds in your account. Your employer may also calculate your garnishment amount.

Your bank or employer will send you a disclosure of what they’ve seized (or what they can garnish). If you want to object, you must respond within a specific timeframe.

If you file an objection, the court will hold a hearing. If you’re still subject to garnishment afterward, your wages or other property will go to the creditor.

Property and Income That Can Be Taken

Federal law limits what can be garnished. Garnishments generally can’t exceed the lesser of the following:

• 25% of your disposable earnings
• The amount of your earnings that exceeds 30 times the federal minimum wage

Some states protect more of a subject’s earnings. While there’s no federal law regulating how much a creditor can take from someone’s bank account, many states allow individuals to keep a certain dollar amount.

How to Object to the Writ

Many people wonder how to stop wage garnishment. The truth is that it’s much easier to object to a writ of garnishment before it goes into effect.

Once you receive the writ, you generally have just 10–21 days to file an objection. During this short window, you’ll also need to claim exemptions.

What Happens if You Ignore It?

If you ignore the writ, you’ll lose your right to object or claim wage garnishment exemptions. If the money your creditor claims doesn’t satisfy the debt, they may still pursue you for it.

The Importance of Understanding Garnishment

Learning about garnishment won’t make your money problems go away. However, when you understand the garnishment process and your rights surrounding it, you can better protect your finances.