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rayanswers
rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 36961
Experience:  30 years as a Texas lawyer dealing in landlord tenant
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How do I go about garnishing wages owed after I win an

Customer Question

How do I go about garnishing wages for rent owed after I win an eviction case in court.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  rayanswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you .Can you tell me what state is involved??

Customer: replied 1 year ago.
Hi, The State is Indiana.
Expert:  rayanswers replied 1 year ago.

Here starting at page 18 it goes over the process here to file affidavit of debt and have the court garnish wages.usually you have a post judgment hearing where you have them show caused to appear and its contemptible if they fail to appear.They have to disclose job information, bank accounts, non exempt assets here and the court orders execution and garnishment.

http://www.in.gov/judiciary/files/small-claims-manual.pdf

Court issues writ of garnishment to employer and you then serve it to employer..

Expert:  rayanswers replied 1 year ago.

In Indiana, the law mostly tracks federal wage garnishment limits, with one exception. Here are the rules:

For any given workweek, creditors are allowed to garnish the lesser of:

  • 25% of your disposable earnings, or
  • the amount by which your weekly disposable earnings exceed 30 times the federal hourly minimum wage.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.