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Collect money from someone’s paycheck (wage garnishment)

Wage garnishment is a way to collect part of the debtor’s paycheck.

The sheriff tells the debtor’s employer to hold back part of their pay and send it toward what you’re owed.

 

⚠️ You can only use wage garnishment if the debtor has a regular job and earns wages you can collect.

 

This page explains each step and what to expect.

 

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How wage garnishment works

Wage garnishment lets the sheriff take part of the debtor’s paycheck.

The sheriff sends an Earnings Withholding Order to the debtor’s employer.

The employer must:

  • Hold back part of each paycheck

  • Send that money to the sheriff

  • Keep doing this until the judgment is paid or the court stops the order

You can’t do this yourself. Only the sheriff can.

How much can be taken from each paycheck

There are limits on how much the employer can take from the debtor’s pay.

  • The employer can take up to 20% of the debtor’s take-home pay.

  • The amount may be less than 20% if money is already being taken from their pay for something else.

  • Some garnishments come out first, like child support or taxes.

Money that can’t be taken is called exempt income.

If taking the money means the debtor can’t pay for basic living expenses, they can ask the court to lower the amount or stop the garnishment.

When you can use wage garnishment

✅ You can use wage garnishment if:

  • The debtor has a job

  • The employer is in the county where you asked the sheriff to collect

🚫 You can’t take:

  • Social Security benefits

  • Some retirement or disability income

  • Some government benefits

  • Income protected by law

How to garnish wages

After the sheriff serves the employer

After the sheriff gives the order to the employer, a few things may happen.

The employer will send the sheriff any money that isn’t exempt

📅 Within 15 days, the employer must send the sheriff an Employer’s Return (form WG-005).

This form tells the sheriff:

  • If the debtor still works there

  • If money can be taken

  • If some or all of the money is exempt (protected by law)

The sheriff will let you know if the money is exempt.

If the paycheck money can be taken, the employer will send it to the sheriff.

The debtor may try to stop or lower the amount taken from their paycheck

At any point, the debtor may try to stop or lower the amount taken if they believe the money is exempt or if they can’t pay for basic living expenses.

To do this, they must send the sheriff:

These papers explain why they think the money is protected and show information about their finances.

The sheriff will mail you copies of both forms.

Read the forms to see why the debtor thinks the money is exempt.

✅ If you agree

You don’t have to do anything.

The sheriff will return the money to the debtor.

🚫 If you don’t agree

You can ask for a court hearing so the judge can decide.

Follow the steps on:

You must fill out, serve, and file:

📅 Important deadline

  • The sheriff will mail you a WG-008 notice.

  • When you get this, the 10-day deadline starts.

  • You must send the sheriff a copy of your Notice of Hearing (form WG-010) within those 10 days.

If you don’t meet this deadline:

  • the Earnings Withholding Order will be cancelled, or

  • the amount taken from the paycheck will change

The sheriff can't send you any money until the exemption issue is decided.

When you receive the money

After the waiting period:

  • The sheriff takes out sheriff fees

  • The sheriff sends you the rest

You’ll keep getting payments until:

  • The judgment is paid

  • The order expires

  • The debtor leaves the job

  • The court stops the order

If they change jobs you will need to go through the same process with their new job.

Stop or change the wage garnishment order

This order may stop or change if:

  • The debtor stops working

  • The debtor wins an exemption claim

  • The judgment is fully paid

  • The court orders a change

  • You ask the sheriff to release the writ

If you’re fully paid

You must file an Acknowledgment of Satisfaction of Judgment (form EJ-100).

This tells the court the judgment has been paid.

What if the debtor changes jobs?

If the debtor gets a new job, the order won’t move to the new employer.

You’ll need to start the same process again with their new job.

Key takeaways

  • You can collect money from someone’s paycheck using an Earnings Withholding Order.

  • You must get a Writ of Execution (form EJ-130) first.

  • For personal debt cases, you must verify the debtor’s address.

  • Only the sheriff can serve the employer and collect the money.

  • The employer can take up to 20% of take-home pay.

  • The debtor may claim exemptions or ask for a hearing.

  • File Acknowledgment of Satisfaction of Judgment (form EJ-100) when you’re fully paid.

Civil lawsuit collection

What's next?

  • If you're still owed money, you can try collect from the other side's bank account.
  • If you've spent money trying to collect, you can have these costs added to what's owed.
  • If you're paid all that you're owed, you must let the court know.
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