How to Find Out Who Is Garnishing Your Check
Understand the process to identify who is garnishing your wages. This guide clarifies how to use available information and official records to uncover the creditor.
Discovering a wage garnishment can be an unsettling experience. Understanding who is garnishing your check and why is an important first step in addressing the situation. This article guides you through identifying the entity behind the garnishment and the legal basis for their action, providing a structured approach to gather information and access official records.
Initial Clues from Your Employer or Bank
The first indications of a wage garnishment appear on your paystub. Examine the deductions section for terms such as “garnishment,” “levy,” or similar labels. These entries might also include a reference number, a creditor’s name, or a court case number, which can be valuable information.
Contact your employer’s payroll or human resources department. Employers are legally obligated to process wage garnishments once they receive an official court order or government directive. They can provide the creditor’s name, the issuing court, and the case number. While federal law does not mandate that employers notify employees of a garnishment, many states have such requirements.
If the garnishment is a bank levy, your bank statement will show a frozen or reduced balance. Contact your bank directly. The bank will have received a writ of execution or a levy notice from the creditor or government agency, which specifies the initiating entity. Government agencies, such as the IRS or Department of Education, can sometimes initiate levies without a prior court order, though they are usually required to provide advance notice.
Accessing Official Court Records
Once you have gathered preliminary information from your employer or bank, accessing official court records is the most definitive way to identify the creditor and the legal basis for the garnishment. Most wage garnishments originate from civil court judgments. Knowing the court name or case number can streamline this process.
Many courts offer online public access portals for case information. These portals allow searches by case number, the names of the parties involved (including your own name or a suspected creditor’s name), or judgment type. For federal court cases, the Public Access to Court Electronic Records (PACER) system allows searches by name or case number nationwide. State and local court websites vary, but many provide similar search functions for civil cases.
If online resources prove insufficient, visiting the court clerk’s office is another avenue. Clerks can assist you in locating your case file if you provide partial information, such as your name, the creditor’s name, or any reference numbers from your paystub. Bring a government-issued photo identification when visiting the clerk’s office.
After locating the case, you can request copies of the garnishment order and other court documents. These documents will name the creditor and detail the judgment against you. Copies incur a fee, ranging from a few cents for uncertified copies to several dollars for certified copies.
Deciphering the Garnishment Order
Once you have obtained a copy of the garnishment order, carefully review its contents to fully understand the action taken against you. The document will clearly identify the “Plaintiff” or “Judgment Creditor,” which is the entity that initiated the garnishment. This party might be the original lender, a debt buyer, or a collection agency.
The order will also prominently display the “Case Number” and the “Court Name,” confirming the specific legal proceeding and jurisdiction. These details are essential for further legal inquiries or actions. You may also find contact information for the creditor or their legal representative on the document.
The garnishment order includes details about the underlying judgment, such as the original amount owed and the outstanding balance. Federal law sets limits on how much of your disposable earnings can be garnished, restricting it to the lesser of 25% of your disposable earnings or the amount by which your disposable earnings exceed 30 times the federal minimum wage. Understanding these figures provides context for the deduction and helps track progress toward satisfying the debt.