When some debts go unpaid, there is the option to use a process known as wage garnishment. This does require a court order. It’s not something that the court is going to do lightly. It will have to be shown that garnishment is necessary, as it may be the only way to pay back that debt.
With wage garnishment, a portion of the person’s wages is taken and automatically applied to the debt. This does not mean that they will lose all of their earnings, and it also doesn’t mean that they will pay back the entire debt right away. But they will pay back a small portion repeatedly until, over time, the entire amount is satisfied.
For instance, the wage garnishment may only apply to 10% of their bi-weekly wages. But after months or even years, it adds up to a significant amount.
The employer withholds the money
The biggest advantage of using this system is that the employer withholds the money directly from that person’s paychecks. This means that they have no choice about whether or not they pay off what they owe.
This can be useful if the person simply does not seem motivated to pay back the debt. Perhaps they claim they have too many other expenses, but it is clear that they have plenty of money to make monthly payments. By removing the money from their possession before they even get the paycheck, they can’t spend it on anything else.
But that is also why a court order is required, as this could otherwise infringe on their rights. That’s why it’s so important to know exactly what legal steps to take.
