14:34
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Simple English definitions for legal terms
garnishment
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A quick definition of garnishment:
Garnishment is when a court orders someone who owes money to a person who lost a lawsuit (the defendant) to pay that money directly to the winner of the lawsuit (the plaintiff). This can include taking money from the defendant's wages or from a bank account. The court might do this to help the plaintiff collect child support, student loans, or back taxes. There are limits to how much money can be taken from someone's wages, and some states have additional rules to protect people from having too much money taken. Sometimes, a court might allow a plaintiff to request garnishment before they even win their case, but usually, they use other ways to make sure the defendant pays what they owe.
A more thorough explanation:
Garnishment is a legal process where a court orders a third party, such as an employer or bank, to take money from a defendant's wages or accounts to pay off a debt owed to a plaintiff. This is done to collect on a judgment.
For example, if someone owes child support or back taxes, a court may order their employer to take a portion of their wages and send it directly to the person or entity they owe money to.
There are limits to how much can be garnished from a person's wages. The federal Consumer Credit Protection Act sets the limit at 25% of an employee's take-home pay or 30 times the federal minimum wage, whichever is less. Some states have additional restrictions on wage garnishments.
It's important to note that not all wages are subject to garnishment. In Florida, for example, wages earned by the head of a household are exempt from garnishment.
Garnishment can be used as a provisional remedy, meaning it can be requested before a plaintiff wins their case. However, courts may prefer to use other provisional remedies, such as attachment.