Final Judgment

• A creditor sends a garnishment notice to the debtor's employer, who must calculate the amount he can withhold from the debtor's paycheck and file the answer with the court within 20 days. Once the court receives the answer, a judge can issue the final judgment as long as the debtor does not file an objection. The final judgment on a continuing writ of garnishment states the amount a debtor must pay to a creditor, including any accrued interest and court costs. The order lists other fees an employer may deduct from a debtor's paycheck to offset garnishment processing costs.
  
  

Garnishment Process

• The final judgment on a continuing writ of garnishment must describe the garnishment process. An employer withholds a garnishment amount from a debtor's paycheck each pay period and mails it to the judgment creditor or to the court clerk, who then forwards it to him. If the funds go directly to the judgment creditor, the employer must send a notice to the court clerk each time he mails a payment. He may also need to provide a statement to the court listing all mailed payments in the past 90 days.
  
  

Garnishment Amount

• Garnishment laws vary by state. The final judgment on a continuing writ of garnishment must state the amount according to the state law where it is issued. Most states abide by federal laws but may restrict the maximum amount a creditor can take from a debtor's paycheck. According to the federal law, a creditor may not take more than 25 percent of a debtor's weekly disposable wages. The debtor must have at least 30 times the minimum hourly wage, which is $7.25 as of the publication date, in disposable earnings weekly. Some states laws allow the court to reduce the garnishment amount if a debtor can prove that garnishment creates a financial hardship for him.
  
  

Satisfaction of Judgment

• The final judgment on a continuing writ of garnishment must state when and how a judgment creditor must issue a satisfaction of judgment. Once he receives the full amount, he must notify the court. He may also send a satisfaction of judgment letter to the debtor. The court clerk records a satisfaction of judgment. A debtor may obtain a satisfaction of judgment through the court by paying an appropriate fee. Any liens against a debtor's property are discharged upon satisfaction of judgment.