Garnishee
Published on August 27, 2025 · 2 min read
What is a garnishee?
A garnishee is a third party, typically an employer or bank, legally required to withhold funds from a person’s wages or accounts to satisfy a court judgment. In a garnishment proceeding, the garnishee does not owe the debt themselves but is responsible for transferring funds on the debtor's behalf. Garnishees play a key role in collecting unpaid debts, such as child support, taxes, or loan judgments.
Key elements of a garnishee
- Third-party role: A garnishee is not the debtor or creditor. They are legally ordered to withhold and transfer funds from the debtor’s income or assets.
- Common examples: Employers (for wage garnishment) and banks (for account garnishment) are the most frequent garnishees.
- Legal obligation: Once served with a valid garnishment order, the garnishee must comply or risk penalties, including liability for the full debt.
- Notification required: Garnishees are usually notified through a court order or writ of garnishment, which includes instructions on how much to withhold and where to send the funds.
- Limits on garnishment: Federal and state laws cap how much of a debtor’s income can be garnished, typically a percentage of disposable earnings.
- Garnishee responses: The garnishee may need to file a response confirming the debtor’s employment or account balance, even before withholding begins.
Why garnishees matter in debt collection
The garnishee facilitates the transfer of court-ordered payments from the debtor to the creditor. While it can be an administrative burden, the garnishee is legally vital in enforcing financial judgments. If you're an employer or business served with a garnishment order, following the law carefully is important to avoid liability.
