The laws for garnishing wages are state-regulated. A creditor seeking to garnish wages must file a lawsuit in the local court system to obtain a judgment against the debtor. If the judgment is granted, the creditor must usually give notice and wait a short period of time, usually around 15 days, from the date of the notice before it can file for a wage garnishment, notes The Law Dictionary.Continue Reading
The length of time required for the order to be granted varies from state-to-state, due to the fact that the process required to obtain the order is so different in each state, reports Natalie Grace for The Houston Chronicle. Once a hearing is granted, the creditor is required to notify the debtor of the pending lawsuit and trial date via a court-approved method, such as certified mail.
When a judgment is granted against the debtor, the creditor must also notify him or her of the results of the trial. The debtor must be given as much time as state law allows to satisfy the debt before a wage garnishment is filed. Federal law states that wages can be garnished at a maximum rate of 25 percent, according to The Law Dictionary. Certain non-wage income, such as unemployment, social security and veterans benefits, are exempt from garnishment. Texas is the only state that does not allow wage garnishment.Learn more about Debt Law