Garnish wages after small claims: what each state allows

General information, not legal advice. Ask a lawyer before you act on it.

You garnish wages by getting the court's order and having an officer serve it on the employer, who takes part of each paycheck. California's court page says up to 20% of wages; a New York income execution takes no more than 10% of gross wages; in Texas wages are exempt.

California
Up to 20%, by the sheriff
New York City
Up to 10% of gross pay
Texas
Wages exempt

Work out the paychecks

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The steps

  1. Find the employer.

    From their statement of assets, a debtor's exam or discovery. The officer will not search for it. Source

  2. California: writ, then the sheriff. EJ-130WG-002

    With a writ of execution (EJ-130), the sheriff serves an Earnings Withholding Order (WG-002) on the employer, which can take up to 20% of wages. Source

  3. New York City: income execution. 10%

    A city marshal serves it on the employer; it takes no more than 10% of gross wages from each paycheck. A marshal may keep 5% of what is collected and sends you the rest within 30 days. Source

  4. Texas: look elsewhere.

    Wages are exempt from garnishment. A bank account can be reached with a writ of garnishment. Source

A worked example

A $2,450 judgment against someone paid $1,200 gross every two weeks: in New York City, 10% is $120 a paycheck, about 21 paychecks, and a 5% marshal's fee comes out of what is collected. In California, up to 20% is up to $240 a paycheck, about 11 paychecks. The calculator above does the same with your numbers.

Fees and forms change, and your court's clerk has the current ones. General information, not legal advice. Ask a lawyer before you act on it.

Ask once, in writing

Before the court steps, most winners send a letter asking for payment by a date. Fill one in and print it; nothing you type leaves this page.

Make the payment letter

Questions people ask next

Is 20% always what California takes?

It is the most the court's page names. The amount can be lower, and the other side can file a claim of exemption.

What about Florida and Pennsylvania?

This site's sources for those states don't cover wages; ask the clerk of your court.

Do I contact the employer?

No. In California the sheriff, not you, deals with the employer.

Your state's full steps

California New York Texas

Related guides

Writ of Execution in California Small Claims Garnish a Bank Account With a Small Claims Judgment Judgment Debtor Examination After Small Claims

Sources

Checked on October 23, 2026 against these pages.