What is a garnishment in civil law?

A garnishment in civil law is a legal process that allows a creditor to take money or property from a debtor to satisfy a debt. This process is also known as “execution.” In Hawaii, garnishment can occur if a court has already issued a judgment against the debtor, answering the creditor’s complaint. In order for the garnishment to take place, the creditor must obtain a court order (called a writ of garnishment) that directs the party holding the debtor’s assets to turn them over to the creditor. Certain types of property are generally exempt from garnishment such as Social Security and disability benefits, alimony, and certain pensions. Once the writ of garnishment is obtained, the creditor will send it to the third party holding the debtor’s funds or property, such as a bank or other financial institution. This third party is then required to turn over the assets or funds to the creditor, in compliance with the court’s order. In Hawaii, some types of income, such as wages, are subject to garnishment. The amount of income that can be garnished is limited by law to 25 percent of the person’s disposable income. If the garnished debt is not satisfied after the first garnishment, the creditor must obtain another writ of garnishment in order to continue taking the debtor’s assets.

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What is a garnishment in civil law?

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