What is the process for obtaining a garnishment order in a small claims court case?

In New York, a garnishment order is an order given by a court to a third party, such as a bank or an employer, to hold a certain amount of a person’s wages or assets in order to pay a debt. The garnishment order is enforced by the court and all money held in garnishment must be paid to the creditor once the court orders it. To obtain a garnishment order in a small claims court case, the creditor must first file a lawsuit against the debtor in small claims court. The court will then issue a summons and complaint to the debtor, outlining the amount of the debt. Once the debtor has been served, the debtor must answer the summons and complaint within twenty days of being served. The court will then hold a hearing to determine whether the garnishment order should be issued. Depending on the circumstances of the case, the debtor may have to provide proof of income, assets, and other pertinent information for the court to issue the garnishment order. After the court determines that the garnishment order is appropriate, the court will issue the garnishment order, specifying the wage amount or asset to be garnished. Once the garnishment order is issued, the employer or bank is required to follow the court’s order and withhold the specified wages or assets from the debtor and pay them to the plaintiff who filed the suit. The garnishment order remains in effect until the debt is paid in full or until the court terminates the order.

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What is the process for obtaining a garnishment order in a small claims court case?

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