---
title: Garnishment and Attachment Procedures
description: An overview of the legal standards and procedures for garnishment and attachment of a debtor's property or assets.
keywords: [garnishment, attachment, creditor, debtor, judgment, property]
category: law
---

## Introduction to Garnishment and Attachment

Garnishment and attachment are legal mechanisms by which a creditor can compel a third party, such as an employer or bank, to turn over a debtor's property or assets to satisfy an outstanding judgment or debt. Garnishment involves the seizure of a debtor's wages, bank accounts, or other income streams, while attachment refers to the seizure of a debtor's tangible or intangible property. These procedures are governed by state and federal laws, which establish the specific requirements and limitations on their use.

## Garnishment of Wages and Bank Accounts

The garnishment of a debtor's wages or bank accounts is a common method for creditors to collect on a judgment. Under the Federal Wage Garnishment Law, also known as the Consumer Credit Protection Act (CCPA), creditors are generally limited to garnishing no more than 25% of a debtor's disposable earnings or the amount by which the debtor's weekly earnings exceed 30 times the federal minimum wage, whichever is less. 15 U.S.C. § 1673. However, certain types of debt, such as child support or student loans, may be subject to higher garnishment limits. See, e.g., 42 U.S.C. § 659(a).

To initiate the garnishment process, the creditor must first obtain a valid judgment against the debtor. The creditor then serves a writ of garnishment on the debtor's employer or bank, requiring them to withhold the appropriate amount from the debtor's wages or account and remit it to the creditor. The debtor must be provided with notice of the garnishment and an opportunity to claim any applicable exemptions, such as those provided under state law. See, e.g., Sniadach v. Family Finance Corp. of Bay View, 395 U.S. 337 (1969).

## Attachment of Personal and Real Property

In addition to garnishing a debtor's income streams, creditors may also seek to attach the debtor's personal or real property to satisfy a judgment. This process typically involves the creditor obtaining a writ of attachment from the court, which authorizes the sheriff or other law enforcement officer to seize and hold the debtor's property pending further court proceedings.

The specific requirements for attachment vary by jurisdiction, but generally the creditor must demonstrate that the debtor owns the property, that the property is not exempt from attachment, and that the creditor has a valid, unsatisfied judgment against the debtor. See, e.g., Cal. Civ. Proc. Code § 484.010 et seq. The debtor must also be provided with notice and an opportunity to claim any applicable exemptions, such as those for personal or household goods, vehicles, or a homestead. See, e.g., 11 U.S.C. § 522.

## Limitations and Exemptions

Both garnishment and attachment are subject to various limitations and exemptions designed to protect debtors from undue hardship. In addition to the federal protections under the CCPA, many states have their own laws that provide additional exemptions or restrictions on these procedures.

For example, some states may limit the amount of a debtor's wages that can be garnished, or exempt certain types of property, such as tools of the trade, from attachment. See, e.g., Tex. Prop. Code § 42.001 et seq. Debtors may also be entitled to a hearing to challenge the garnishment or attachment, or to seek a modification of the order based on their individual circumstances. See, e.g., Fuentes v. Shevin, 407 U.S. 67 (1972).

## Procedural Safeguards and Due Process

The garnishment and attachment of a debtor's property or assets must comply with certain procedural safeguards and due process requirements. Creditors must provide the debtor with adequate notice and an opportunity to be heard, both before and after the seizure of property. Failure to do so may result in the garnishment or attachment being deemed unconstitutional or invalid.

In Sniadach v. Family Finance Corp. of Bay View, the Supreme Court held that the garnishment of a debtor's wages without prior notice and a hearing violated the Due Process Clause of the Fourteenth Amendment. 395 U.S. 337 (1969). Similarly, in Fuentes v. Shevin, the Court ruled that the seizure of a debtor's personal property without a prior hearing was also unconstitutional. 407 U.S. 67 (1972).

To comply with these due process requirements, creditors must typically provide the debtor with notice of the garnishment or attachment, as well as an opportunity to request a hearing to challenge the action. The debtor may be able to assert defenses, such as lack of jurisdiction, the existence of an exemption, or the invalidity of the underlying judgment. See, e.g., Conn. Gen. Stat. § 52-361a.

## Conclusion

Garnishment and attachment are powerful tools available to creditors to collect on outstanding judgments or debts. However, these procedures are subject to significant legal limitations and safeguards to protect the rights of debtors. Creditors must carefully navigate the complex web of state and federal laws governing these actions, while debtors must be vigilant in asserting their rights and exemptions. Ultimately, the balance between the interests of creditors and debtors is a delicate one, requiring the careful application of legal principles and due process protections.