What is a garnishment proceeding?

Garnishment, or wage garnishment, is when money is legally withheld from your paycheck and sent to another party. It refers to a legal process that instructs a third party to deduct payments directly from a debtor’s wage or bank account. Typically, the third party is the debtor’s employer and is known as the garnishee.

When to use a wage garnishment notice and summons?

Notice & Summons. The wage deduction notice and summons is a powerful tool for judgment creditors to effectuate collection efforts on an individual. If someone is working for wages and the judgment creditor is aware of that fact, then it is highly likely that a wage garnishment proceeding will commence.

When do you get a garnishment on earnings?

In the case of garnishment on earnings, a garnishment summons applies to the current pay period when the summons is served and all future pay periods that conclude within 70 days after service of the garnishment summons.

Can a judgment creditor file a wage garnishment?

If someone is working for wages and the judgment creditor is aware of that fact, then it is highly likely that a wage garnishment proceeding will commence. The employer is sent a wage deduction notice along with a summons, affidavit and answer form which must be completed and filed with the court.

What does it mean to file a garnishee order?

A Garnishee Order is a court order to a financial institution or other body or person who holds funds owing to the Judgment Debtor that can be paid to the Judgment Creditor to satisfy the debt. The Judgment Creditor must apply to a Judge of the County Court for leave to issue a Garnishee Summons.

Can a garnishment be issued in a court of record?

Service of garnishment summons. To enforce a claim asserted in a civil action venued in a court of record, a garnishment summons may be issued by a creditor and served upon the garnishee in the same manner as other summons in that court of record, except that service may not be made by publication.

Where do I get a copy of my garnishment summons?

A copy of the garnishment summons and copies of all other papers served on the garnishee must be served by mail at the last known mailing address of the debtor not later than five days after the service is made upon the garnishee.