garnishment

Thân thiện

A manager processes a wage garnishment order at the office.

Definition

Noun: 1. A legal order directing a third party (such as an employer or bank) to withhold money or property belonging to a debtor and to send it to a creditor to satisfy a debt. This is typically enforced by a court after a creditor has won a lawsuit. The term most commonly refers to the withholding of wages from an employee's paycheck.

Usage

• Garnishment is a legal collection tool used by creditors.
• A creditor must obtain a court judgment before seeking a garnishment order.
• The entity that withholds the money (e.g., an employer) is called the "garnishee."
• Federal and state laws limit the percentage of wages that can be garnished.

Examples

• The court issued a garnishment against his bank account for the unpaid loan.
• She received notice of a wage garnishment to repay her student loans.
• The employer complied with the garnishment order by deducting a portion of the employee's salary each pay period.

Advanced Usage

• "Wage garnishment" is the most frequent type, but garnishment can also apply to bank accounts (bank levy) or other payments.
• "Pre-judgment garnishment" is a provisional remedy in some jurisdictions, allowing seizure of assets a final court judgment to prevent the debtor from hiding them. This is less common and subject to strict rules.
• The process of serving the legal order on the third party is called "garnisheeing."

Variants and Related Words

• Garnish (verb): The act of obtaining or applying a legal garnishment. (e.g., "The creditor sought to his wages.")
• Garnishee (noun): The third party (e.g., employer, bank) holding the debtor's property who is subject to the garnishment order.

Synonyms

• Attachment
• Levy
• Seizure (of wages/assets)
• Withholding order

Related Legal Terms (Not Synonyms)

• Lien: A claim on property as security for a debt, different from garnishment which involves direct withholding of money.
• Judgment: The court decision that typically precedes a garnishment.
• Debtor: The person who owes the money.
• Creditor: The person or entity to whom money is owed.

Học thuật

Noun

1. a court order to an employer to withhold all or part of an employee's wages and to send the money to the court or to the person who won a lawsuit against the employee