INSTRUCTIONS FOR FILING A GARNISHMENT ANSWER
Garnishment actions are among the most common and most complicated. For that reason the following administrative assistance is offered for Garnishees. First, If you are served with a garnishment action, PLEASE READ THE SUMMONS CAREFULLY.
Garnishees served with a "Summons of Garnishment" (State Court Form # 30), are required to submit all amounts appropriately deducted to the Court with one answer.
Garnishees served with a "Summons of Continuing Garnishment" (State Court Form # 28) MUST make deductions on a weekly basis. Answers, on the other hand, are preferred by the Court on a monthly basis. The only governing rule is that the garnishee should not exceed 45 days between answers. Please be aware that only the plaintiff, or counsel for the plaintiff can authorize the Court to relieve the garnishee from filing an Answer.
EMPLOYER'S DEDUCTIONS: Clerk's Suggestion: Consult your attorney before proceeding.
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The amount to be deducted from earnings is based on DISPOSABLE EARNINGS which is calculated on a WEEKLY basis even though the employee may be on a biweekly or monthly payroll. |
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“Disposable Earnings” is the amount of earnings remaining after the deduction of all legally required sums such as social security, federal and state taxes, tax levies, and court ordered child support. |
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(a) The amount to be deducted for the Garnishment and sent to Court should be the LESSER of 25% of disposable earnings for any work week, OR the amount basis by which the disposable earnings for any work week exceed 30 times the federal minimum hourly wage. (Refer to O.C.C.A> 18-4-20)
(b) The federal minimum hourly wage times 30 is exempt from garnishment. If the defendant, (the person whose wages are being garnished) has disposable income greater than 30 times the federal minimum hourly wage, a deduction, FOR THAT WEEK, is necessary. This garnishee IS required to file an answer with the Court even if no deduction is necessary.
Here is a link to the U.S. Department of Labor, Employee Standards Administration, Wage and Division "Fact Sheet" (pdf) on wage garnishment law.
You may also find the Wage and Hour Division website helpful.
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