Instructions
1
Check with state laws before you attempt to collect a debtor's earnings. See the Resources section below for more information about laws regarding wage garnishment from each state.
2
Find out the address of the debtor's employer. Locate the county court that serves the address of the employer, not the county court where the debtor lives.
3
File a Writ of Execution and give this form to the county sheriff or levying officer of the county court. The sheriff or other officer will execute the order and send notice to the debtor and employer.
4
Wait for the Employer's Return Form. The debtor's employer must fill out this form or he may be subject to civil penalties and attorney fees. Most employers respond quickly, but a phone call to the employer may speed the process up.
5
Determine if the debtor files a Claim of Exemption form and if you approve of the exemption. If you do not approve of the debtors claim that they cannot pay, you can file a Notice of Opposition and let the court decide.
6
If the court allows the garnishment, then you wait for the money or check in the mail. The employer mails the deducted portion of the employee's check on a regular basis, which is shortly after each pay period.
7
File a Writ of Execution with the court after the settling the debt so the levying officer informs the employer. The employer no longer sends the garnished amount to you.
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