Garnishment

• While the garnishment process varies from state to state, the procedure is similar nationwide. If a creditor wishes to garnish a person's wages, he must first file a civil suit against the debtor. If a judge rules that the debtor indeed owes the creditor money and the debtor continues to refuse to pay, the creditor may then file a motion to garnish the debtor's wages. Married debtors are not immune from garnishment.
  
  

Federal Laws

• Federal law states that all creditors must receive the permission of a court before garnishing a debtor's wages. A creditor cannot pursue garnishment privately. Also, in most cases, a creditor can only garnish at most 25 percent of a debtors' paycheck. However, if the debtor owes money for child support, a state government is allowed to garnish significantly more. A person may have his wages garnished for child support whether he is married or single.
  
  

State Laws

• Each state has its own set of laws regulating who can and cannot have their wages garnished. Many states require debtors to pass a means test before their wages can be garnished, meaning that they make more than a certain amount of money. Sometimes supporting dependents, such as a spouse, can factor into this means test, meaning a person who is married may be more likely to be exempt from garnishing. However, as of December 2010, no state has a specific statute that exempts married persons from wage garnishment.
  
  

Debts of a Spouse

• A person who does not owe money to a creditor cannot have their wages garnished to pay off someone else's debt, even if the debtor is a spouse or family member. A person can only have wages garnished to pay off a debt if the debt is in that person's name. If there is some dispute about who owes the debt, the judge will settle it before issuing a motion to allow the creditor to begin garnishment.