The garnishment may be either a one time earnings garnishment, or a continuing earnings garnishment that applies to each pay period for up to 180 days. Generally, “earnings” include any form of payment you owe to an individual such as salary, wages, commissions, or other compensation.  Earnings do not include reimbursement for travel expenses for state employees.

     In garnishment proceedings, the employer is called the “garnishee.” To garnish the employee’s wages, the judgment creditor must serve the garnishee with a garnishment summons. Additionally, the judgment creditor must provide a “garnishee’s answer form.”

      Depending on the type of garnishment, the garnishee must promptly file the answer form with the court clerk and deliver a copy to the judgment creditor or the attorney of record, as indicated on the summons. The applicable garnishment statute details the information required in the garnishee’s answer. The garnishee’s answer form provides a method of calculation to help you determine the exact amount you are require to pay. Typically, unless the court orders otherwise, the garnishee pays the funds directly to the creditor or its attorney of record. 

     The garnishee must also give the employee a copy of the notice of garnishment, exemption claim form which accompanies the notice, and the application for hearing. If the garnishee has more than one address for the employee, the garnishee may mail the required items to any of the addresses shown on its records. 

     Keep in mind the garnishment is a court order, and it demands immediate response. Although dealing with garnishments can be tedious, you must respond accurately and completely. Otherwise, the court may hold you liable for the entire amount of the judgment plus the costs of the garnishment and a reasonable attorney fee. And, you may be subject to punishment for contempt.

     As with any court order you receive, you may wish to consult an attorney about a garnishment summons. But don’t delay.