Writ of Garnishment

When the writ of garnishment is used

Timing: usually after judgment, to collect it; in some states also before judgment. Enforcement comes after a money judgment is entered. It is how a winning party actually collects.

What the rule requires

• A money judgment is enforced by a writ of execution unless the court directs otherwise, and the procedure on execution and in proceedings supplementary to and in aid of judgment or execution must accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies (Rule 69(a)(1)).
• Pre-judgment garnishment is one of the state-law remedies available under Rule 64(b).
• Federal law limits wage garnishment for most ordinary debts to the lesser of 25% of disposable earnings for the week or the amount by which weekly disposable earnings exceed 30 times the federal minimum hourly wage (15 U.S.C. § 1673(a)); different limits apply to support orders, Chapter 13 bankruptcy orders and tax debts (§ 1673(b)).
• Social Security benefits are generally not subject to execution, levy, attachment, garnishment or other legal process (42 U.S.C. § 407(a)), subject to limited exceptions in federal law. States may provide more protection.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 64, 69(a); 15 U.S.C. § 1673; 42 U.S.C. § 407(a); state law online. Also, the federal judiciary publishes the current rules and recent amendments.

The writ of garnishment in state court

This page covers the federal version. In state court, the writ of garnishment may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Collateral: property pledged to secure payment of a debt or performance of an obligation.

Related procedures

Similarly, these procedures often come up alongside it:

• Writ of Execution (Enforcing a Money Judgment): the court process used to enforce a money judgment.
• Writ of Attachment: a court order allowing property of a defendant to be seized or held at the start of or during a case, to secure payment of a judgment the plaintiff may win.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Examples from the largest state court systems

Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.

Find the rule in your state

In your state's rules, look for the rule on writ of garnishment. In states that number their rules like the federal rules, it is often the same rule number as the federal rule.