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A creditor must usually have a judgment before it can execute a writ of garnishment on an employer or financial institution. However, an employer or financial institution might receive a writ of fieri facias that asks it to declare what property it has that belongs to the debtor and in what amount it is indebted to the debtor as a preliminary matter. The creditor sends a writ of garnishment to the employer or financial institution to pay off such debts as consumer credit debts, tax liens, child support, spousal support or student loans. The amount garnished is then forwarded to a court or to the creditor

Instead of garnishing wages, creditors may opt to garnish a debtor's bank account. The only limits on bank garnishment are for exemptions that mirror the federal laws on exemptions, such as not being able to garnish federal benefits. Exemptions under Louisiana law also include income from Individual Retirement Accounts, annuity contracts and pensions, meaning that a creditor cannot garnish funds from the bank account that are attributed to these sources. However, these exemptions do not apply if the debt is for child or spousal support. Louisiana law does not consider a garnishment to be continuing in nature, so creditors are only entitled to the funds that are in the bank account at the time the writ of garnishment is executed.

Can Wages Be Garnished for Civil Judgments?

Wage garnishment allows creditors the means to obtain payment for a debt that a consumer fails to pay. The creditor attempts to.

California garnishment laws permit the compulsory settlement of debts while protecting an employee s wages from excessive collection amounts. The laws are assembled.

Receiving your paycheck from your employer and noticing a 25 percent decrease in pay can wreck havoc on your personal finances. Losing.

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Employee Rights and Wage Garnishment in Louisiana; Employee Labor Laws in Louisiana; Comments You May Also Like. Terminated Employee Rights in Louisiana.