When a judgment is made on a Civil or Small Claims case and the losing party does not pay, the winning party has the option of filing earnings or bank garnishment proceedings to collect the money they were awarded.
Earnings (Wage) Garnishments
For earnings garnishments, you must first notify the person you will attempt to garnish (the garnishee) by sending them a 15-Day Notice Form using certificate of mail or some other method that shows proof of mailing. Once the 15 days are complete, you can file a garnishment proceeding in the Clerk’s Office Civil Division. Bring a copy of the 15-Day Notice form you sent to the garnishee, along with proof of mailing. To file the garnishment, you will complete an Order and Notice of Garnishment Form available in our office, along with additional garnishment forms. (You can view most of these in the Civil forms section of this web site.) There is a cost for filing an earnings garnishment. View our costs page for more information.
In order to accurately file an earnings garnishment, you will need to know the name and address of the garnishee’s employer. Please have that information available as the Clerk’s Office cannot assist you in locating employers.
Bank Garnishments
To begin bank garnishment proceedings, you must complete an Order and Notice of Garnishment Form and file it in the Clerk’s Office Civil Division, along with additional garnishment forms. (You can view most of these in the Civil forms section of this web site.) There is a cost for filing an earnings garnishment. View our costs page and look under the executions section.
Once the garnishment has been approved by the judge, our staff will begin proceedings through the bank and the individual whose bank account you are attempting to garnish (the garnishee). Please be aware—there are certain items in someone’s bank account that you will not be able to access, including:
| • Supplemental Security Income (SSI) • Social Security Benefits • Veteran’s Benefits • Workers Compensation Benefits • Unemployment Compensation Benefits • Aid to Dependent Children (ADC) • Poor Relief or General Relief • Black lung benefits • Certain Pension Benefits • Wages under a certain amount or other benefits that apply in your case |
In order to accurately file a bank garnishment, you will need to know the name and address of the garnishee’s bank. Please have that information available as the Clerk’s Office cannot assist you in locating a financial institution.
Hearings for the Garnishee
At any point in the process, the garnishee may request a hearing before the magistrate concerning their garnishment. No facts about the original judgment are reviewed at these hearings; they are strictly designed to cover payment of the judgment.
To request a hearing, the garnishee may complete either a Garnishment Hearing Request Form (Personal Earnings) or a Garnishment Hearing Request Form (Bank) and file it in the Clerk’s Office Civil Division. This request can be dropped off, mailed in or faxed to 937-534-7017.