How to Attach for Garnishment

When someone owes you money, you have the option of suing them in civil court. If you win, the judge will enter a judgment against the debtor that sets the amount of money you are owed. Unless you negotiate a court-ordered payment plan, the court cannot enforce the judgment. To collect the judgment, file a wage deduction case. Form names and specific procedures vary by state, but the process is essentially the same.

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  Get a wage deduction notice from your county court clerk if wage garnishments are allowed in your state and the notice is required. Complete this notice, including the number of the court case, and mail it to the last known address of the debtor. Get a Wage Deduction Affidavit from your county court clerk. In Illinois, you must mail the wage deduction notice before you can proceed. The standard notice informs the debtor that the you have begun wage garnishment proceedings against him. It also informs him of his rights and how to exercise them.

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  Complete the affidavit if required in your state. Ensure that you answer all of the questions. Secure and complete an interrogatory, a series of questions sent to the debtor's employer, so you can discover the amount of wages the employer owes your debtor. Bring the completed affidavit, interrogatory and your filing fee to the court clerk. The clerk will record the filing and send a summons to the employer, instructing him of the time frame he has to answer questions in the interrogatory. The employer sends the answer to the court and withholds the maximum percentage of non-exempt wages that could be legally deducted. The percentage varies from state to state, but you can only deduct the amount of the debtor's wages that exceeds 45 times the state or federal minimum wage, whichever is larger.

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  Attend the court hearing during which the judge determines if the garnishment will continue and the amount of the garnishment. Listen to the debtor's arguments, if presented, against the garnishment and the amount of the garnishment. Examine the bills or other evidence he presents to get the deduction amount lowered. Compromise if the evidence is compelling and reasonable. The judge will order the proper amount to be turned over to you, the creditor.