What is a garnishment?
If a creditor sues to collect a debt you owe and wins a court judgment against you, the creditor can ask the court for an order to garnish your salary, bank account, or other assets. For example, the creditor can ask the court to order your employer to withhold some of your salary and pay it to the creditor instead of to you. Also, a creditor can ask the court for an order instructing your bank to turn over funds you have in your bank account.
If a third party owes the judgment debtor money, a garnishment action can facilitate you collecting on the judgment by getting the money from the third party rather than directly from the judgment debtor. For instance, suppose the judgment debtor has money in a savings account at a bank. Essentially, that is money the bank owes the judgment debtor, and that money may be subject to garnishment to pay your judgment. The actual garnishment procedure involves an order sent to the third party and requiring them to answer under oath whether they have any assets belonging to the judgment debtor or are obligated to provide money or goods to the judgment debtor. The third partys answer has to be filed with the court, and based on the answer, the court may issue an order requiring turnover of the money or assets. The garnishment procedure locks up the assets until the court makes a determination of whether they are subject to execution to satisfy the judgment.
