AOC-CV-419 — Writ of Garnishment (Wages)

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01 CREDITOR & ATTORNEY INFORMATION

Judgment Creditor Name *

Judgment Creditor Address

Attorney Name *

State Bar No. *

Firm / Office Name

Attorney Address *

Phone *

Fax

02 CASE INFORMATION

File No. *

County *

03 JUDGMENT DEBTOR & GARNISHEE (EMPLOYER)

Judgment Debtor (Employee) Name *

Garnishee / Employer Name *

Garnishee / Employer Address *

Judgment Amount Remaining Due ($) *

04 PAYROLL CYCLE & WITHHOLDING CALCULATION

Employer's Payroll Cycle *

Debtor's Disposable Earnings Per Pay Period ($) (optional — enables withholding calculation below)

PAYROLL CYCLE WEEKLY

PROTECTED THRESHOLD (30 × $7.25/hr) $217.50 / week

OPTION A — 25% OF DISPOSABLE EARNINGS —

OPTION B — EARNINGS OVER THRESHOLD —

MAX WITHHOLDING PER PERIOD (lesser of A or B) —

Per Title III, Consumer Credit Protection Act. Enter disposable earnings above to calculate. Disposable earnings = gross pay minus legally required deductions (taxes, Social Security, Medicare, state unemployment, etc.).

SELECTED COUNTY

— Select above —

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STATUTORY REFERENCE

G.S. 1-362Wage garnishment authority

15 U.S.C. § 1673Title III CCPA limits

15 U.S.C. § 1674Employee protection

29 C.F.R. § 870DOL Wage Garnishment Regs

FMW = $7.25/hrFederal minimum wage base

TITLE III CCPA LIMITS

Max = lesser of: (A) 25% of disposable earnings, OR (B) amount by which disposable earnings exceed 30 × federal minimum wage per workweek
Weekly protected floor: $217.50 (30 × $7.25)
Biweekly protected floor: $435.00
Monthly protected floor: $942.50 (approx.)
If disposable earnings ≤ $217.50/week — NO garnishment allowed
Federal limits apply regardless of state law

EMPLOYER (GARNISHEE) DUTIES

File written answer with Clerk within 30 days of service
Answer must state: whether employee works there, payroll cycle, gross and disposable earnings
Withhold maximum allowed amount each pay period
Remit withheld amounts to Clerk of Court
Continue each pay period until judgment satisfied or writ dissolved
May not discharge employee solely because of a single garnishment

CONTINUING LIEN vs. ONE-TIME

This is a CONTINUING LIEN — it attaches to all wages payable from date of service until judgment is fully satisfied
Compare: a one-time bank account garnishment applies only to funds on deposit at the moment of service
Continuing lien is typically more effective for judgment collection

AOC-CV-419 — Writ of Garnishment — Continuing Lien on Wages

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STATUTORY REFERENCE

TITLE III CCPA LIMITS

EMPLOYER (GARNISHEE) DUTIES

CONTINUING LIEN vs. ONE-TIME