You Just Received a Writ of Garnishment — Here's What to Do Next
A writ of garnishment is a court order that directs your employer (or bank) to hand over a portion of your wages — or your account funds — to pay a debt a creditor claims you owe. Getting one in the mail, or hearing about it from HR, is alarming. But receiving a writ does not mean you're out of options. You may be able to reduce the amount, claim an exemption, or challenge the garnishment entirely. This guide walks you through each step, in plain language, so you can act before the deadline passes.
What a Writ of Garnishment Actually Means
A writ of garnishment is a legal document issued by a court after a creditor has already won a judgment against you. That creditor — now called a judgment creditor — has gone back to the court and asked it to order your employer or bank to divert money from your paycheck or account before you ever see it. Your employer, once served, becomes the "garnishee" and is legally required to comply.
A few critical distinctions worth knowing right away: most wage garnishments for consumer debts (credit cards, medical bills, personal loans) go through a court process and require a judgment first. Others — child support, federally guaranteed student loans, and IRS tax debts — are administrative garnishments, meaning the government can garnish without first suing you in court. The rules, limits, and your options differ depending on which type you're dealing with.
Step 1 — Read the Documents Carefully Before Anything Else
The writ and any accompanying paperwork tell you almost everything you need to know. Before you call anyone or make any decisions, read through every page and identify:
- Who the judgment creditor is — the company or person claiming you owe the debt.
- The amount of the judgment — the total balance the court says you owe, including interest and court fees.
- The court that issued the judgment and the case number — you'll need this if you file anything.
- Whether the documents include a notice of your right to claim an exemption — many states require this to be served along with the writ. If you got it, there will be a form or instructions attached.
- Any deadline listed for objecting or filing an exemption claim — this is the most urgent piece of information on the page.
Write the deadline down somewhere you won't lose it. Missing it can make the garnishment permanent for the life of the judgment.
Step 2 — Understand How Much They Can Legally Take
Federal law — specifically Title III of the Consumer Credit Protection Act/CCPA — caps how much of your paycheck a creditor can garnish for most consumer debts. The limit is calculated on your disposable earnings, which means your gross pay minus legally required deductions (taxes, Social Security, Medicare). Your take-home pay after voluntary deductions like health insurance or a 401(k) is not the starting point — it's that narrower "disposable earnings" figure.
Under the federal cap, a creditor generally cannot take more than whichever of these is smaller: 25% of your disposable earnings for that pay period, or the amount by which your disposable earnings exceed 30 times the current federal minimum wage. In practical terms, if you earn close to minimum wage, very little or nothing can be taken. The U.S. Department of Labor publishes current figures and examples — verify the exact current thresholds there, because the minimum wage figure the formula uses can change.
Child support and alimony garnishments operate under a higher federal ceiling — up to 50–65% of disposable earnings depending on whether you support another family and how far behind you are. IRS tax levies follow a separate formula. Verify the current limits that apply to your specific debt type with the U.S. Department of Labor or a licensed attorney, because these limits vary by situation and can change.
Your state may set a lower cap than the federal limit. Some states protect a larger share of your paycheck, and a small number of states largely prohibit wage garnishment for ordinary consumer debt altogether. Always verify your state's rules — check your state Attorney General's website or your state courts' self-help center.
Step 4 — File a Claim of Exemption If You Qualify
A claim of exemption is a written request you file with the court asking it to reduce or stop the garnishment based on your exempt status. This is something you can do yourself — you do not need a lawyer to file one, though a lawyer or legal aid attorney can help you do it correctly if the situation is complex.
Here's the general process — the exact steps differ by state, so treat this as an orientation, not a precise roadmap. Confirm the process with the court that issued the writ.
- Get the correct form. The exemption claim form may have been included with the writ. If not, contact the court clerk or check the court's website. Your state courts' self-help center often has fillable PDFs.
- Fill it out completely. State which exemption you're claiming, the legal basis for it (in plain terms — e.g., 'I am the head of household supporting two minor children'), and your income details. Attach supporting documentation if required — pay stubs, proof of dependents, bank statements showing protected income.
- File it before the deadline. Submit it to the court clerk's office, pay any required filing fee (fee waivers are often available if your income is low — ask the clerk), and keep a stamped copy for your records.
- Serve a copy on the judgment creditor or their attorney. Most states require this — check your state's rules or ask the clerk.
- Attend any hearing. The creditor may object to your exemption claim. If the court schedules a hearing, you must show up and explain your situation. Bring all supporting documents.
Filing a claim of exemption does not guarantee the garnishment stops — the court will review it and may schedule a hearing. But filing is the only way to protect rights you may have. Not filing means those rights go unused.
Step 5 — Consider Negotiating Directly With the Creditor
Once a writ is in place, the judgment creditor still has an incentive to settle — collecting through garnishment is slow, and creditors sometimes prefer a lump sum or a structured payment arrangement over years of waiting. Reaching out to the creditor or their attorney to negotiate is free and worth attempting, even after the writ has started.
If you propose a voluntary repayment plan and the creditor agrees, they may file a release of the writ with the court and your employer, pausing or stopping the garnishment while you make payments. Get any agreement in writing before you pay anything. A written settlement or payment plan letter should specify: the agreed amount or schedule, that the creditor will release or hold the writ while you comply, and what happens if you miss a payment.
Creditors are not obligated to negotiate, and not all of them will — especially on certain types of debt like child support arrears, where the state enforces the order and individual negotiation is more limited. But for private consumer debt, it's a legitimate path worth trying.
Step 6 — Challenge the Underlying Judgment If It May Be Invalid
A writ of garnishment can only exist because a court entered a judgment against you. If that judgment was entered incorrectly — for example, because you were never properly served with the lawsuit, the debt isn't yours, the amount is wrong, or the statute of limitations had already expired when the creditor sued — you may have grounds to vacate (cancel) the judgment itself.
This is a more complex legal process than filing an exemption claim, and the window to do it may have passed depending on how long ago the judgment was entered. But if you genuinely were not notified of the lawsuit (a situation called a default judgment), it's worth speaking with a legal aid attorney or consumer law attorney immediately. Vacating a default judgment, if you succeed, can eliminate the writ entirely.
Check the court's self-help center or your state courts' website for the motion-to-vacate process in your jurisdiction. Do not delay — courts have deadlines for these motions that vary by state.
What Happens to Your Paycheck While All This Is Pending
Once your employer is served with a writ, they are legally required to begin withholding — usually starting with the next pay period. Filing a claim of exemption may pause the withholding in some states while the court reviews it, but not always. In some states the money continues to be withheld and held in trust pending the court's decision. Ask the court clerk what happens to withheld funds during a pending exemption claim in your jurisdiction.
Your employer cannot legally fire you solely because of a single wage garnishment — federal law prohibits this. If you face multiple garnishments simultaneously, that protection is narrower, and state law may vary. Verify your state's rules if this applies to you.
Deadlines: The Single Most Important Thing to Track
Every option described in this guide has a time limit attached to it — and most of them are short. The window to file a claim of exemption after a writ is served is typically measured in days, not weeks. The window to challenge a default judgment, while potentially longer, is still limited. The longer you wait, the fewer options remain.
To find your actual deadline: look at the writ and accompanying documents for any date listed, call the court clerk's office and ask specifically 'what is the deadline to file a claim of exemption in this case,' or visit your state courts' self-help center online. If you can't reach anyone quickly, contact a legal aid organization in your area — many have same-day intake for urgent garnishment matters.
Where to Get Help Without Paying an Attorney
You don't have to navigate this alone, and you don't automatically need to hire a lawyer. Several free resources exist:
- Your state or county court's self-help center — most courts have one, either in the courthouse or online, specifically for people handling their own cases. They can give you the right forms and explain local procedures (they can't give legal advice, but they can explain the process).
- Legal aid organizations — federally funded legal aid societies provide free civil legal assistance to people who meet income guidelines. Find your local office through the Legal Services Corporation's website (lsc.gov).
- Your state Attorney General's consumer protection office — can explain state-specific garnishment rules and flag whether a creditor is acting improperly.
- The U.S. Department of Labor's Wage and Hour Division — publishes plain-language guidance on federal garnishment limits under the CCPA. Their website is dol.gov.
Quick-Reference Checklist: Your First 48 Hours
- Read the writ and all attached documents end-to-end.
- Write down: the creditor's name, the judgment amount, the court and case number, and any exemption-claim deadline.
- Identify the debt type — consumer debt, child support, student loan, or IRS tax — because your options differ.
- Calculate your disposable earnings and check whether the withheld amount is within the legal limit. If it looks too high, flag it to the court or a legal aid attorney.
- Determine whether you may qualify for an exemption (head of household, low income, protected income type) and get the correct claim form from the court.
- Consider calling the judgment creditor or their attorney to explore a voluntary payment arrangement.
- If you were never served with the original lawsuit and didn't know about the judgment, contact a legal aid attorney today about vacating the default judgment.
- Do not ignore any court notice, writ, or hearing date — missing a deadline eliminates options.
A Note on Debt-Relief Companies and Attorney Solicitations
After a writ is filed, your information may become part of a public court record. Some consumers start receiving solicitations from debt-settlement companies or attorneys almost immediately. Before paying anyone to 'stop' your garnishment, understand that many of the steps described above — filing a claim of exemption, contacting the creditor directly, asking the court clerk for forms — are things you can do yourself for free or for a small filing fee.
That said, if your situation is complicated — a large judgment, a disputed debt, a possible default judgment you didn't know about, or multiple garnishments — a consumer law attorney or a nonprofit legal aid attorney can be genuinely valuable. The difference is whether the complexity justifies the cost. Garnishment Pushback is not affiliated with any law firm or debt-relief company; this guide exists to show you the free, do-it-yourself path so you can make an informed choice.
Standard Disclaimer
Garnishment Pushback provides general information, templates, and estimates to help you understand and respond to a wage garnishment. It is not legal advice, and no outcome is guaranteed. Garnishment limits are capped by federal law, but exemptions and procedures vary by state and can change — verify with the court, the U.S. Department of Labor, or a licensed attorney. If you receive a court notice, act before the deadline. Written and maintained by Andrea. Last updated June 2025.