What if the defendant is being garnished for another (prior) lien (i.e. child support, IRS, other creditor, etc.)?
Just because the defendant is subject to another garnishment, it does not mean a Garnishee does not have to honor our garnishment nor does it mean the Garnishee doesn’t have to complete the Answer. If there is enough money left over after the prior garnishment(s), we may still be entitled to receive something. The Garnishee needs to complete the Non-Exempt Earnings Statement as if our garnishment was the only one up through question #6. This is where the amount for the prior lien(s) will be placed. If the amount we are entitled to (#5) minus the amount deducted for the prior garnishment(s) (#6) is a positive number, we are entitled to that amount. If it is zero or a negative number, we are not entitled to any money. Situations such as the defendant’s ability to earn overtime or if the garnishee is required to withhold only a certain amount for a prior lien each month and there is an extra pay period where we would be entitled to the full 25%, we could still be entitled to funds. If we
