A writ of execution and a writ of garnishment are the two main court orders used to collect on a money judgment: a writ of execution directs a sheriff or U.S. Marshal to seize and auction the debtor’s non-exempt property, while a writ of garnishment orders a third party holding the debtor’s money or property — typically a bank or employer — to turn it over to the creditor. Both run on the same underlying judgment, but they reach different kinds of assets, follow different timelines, and run into different sets of exemptions.
What Each Writ Does
Execution reaches things. Garnishment reaches money held by someone else. If the debtor owns a vehicle, equipment, or inventory, execution is the tool. If the debtor has a paycheck coming in or a bank balance sitting somewhere, garnishment is usually faster and cheaper, because nothing has to be physically seized, stored, and auctioned.
Creditors often prefer garnishment where it’s available. Sheriff’s sales tend to bring far less than market value; buyers know they’re purchasing at a forced sale and bid accordingly. Cash in a bank account or wages withheld from a paycheck arrive at full value, minus whatever exemptions apply.
Federal Rule of Civil Procedure 69 makes writs of execution the default method for enforcing money judgments in federal court, with procedures generally following the law of the state where the court sits.1Legal Information Institute. Federal Rules of Civil Procedure Rule 69 – Execution State courts have their own parallel procedures, and most of the day-to-day mechanics (service, deadlines, exemption claims) are set by state law regardless of which court issued the judgment.
How a Writ of Execution Works
A writ of execution authorizes a levying officer, typically a sheriff or U.S. Marshal, to take possession of the debtor’s non-exempt personal property and sell it at public auction to satisfy the judgment.2U.S. Marshals Service. Writ of Execution The officer goes to the address the creditor provides, which may be the debtor’s home, business, or wherever the property is located, and seizes items like vehicles, equipment, electronics, and jewelry. In many jurisdictions the writ can also reach non-exempt real estate, though selling real property usually involves extra court proceedings and notice requirements beyond what personal property requires.
Seized property goes to a sheriff’s sale. Proceeds pay the costs of the sale first, then any liens with priority over the judgment creditor’s claim, and finally the judgment debt itself. Any surplus goes back to the debtor.
If the officer grabs property that actually belongs to someone else, such as a roommate’s television or a business partner’s equipment, the true owner can file a third-party claim asserting ownership. The creditor then has to post a bond to keep the sale moving, or the property is released. These disputes come up often when the debtor shares a home or operates out of shared space.
Writs of execution don’t last forever. Under federal law, if the marshal has not levied on any property, the writ must be returned to the court within 90 days; if property is seized and sold, the return is due within 10 days after the sale.3Office of the Law Revision Counsel. 28 USC 3203 – Execution Miss the window and the creditor needs a fresh writ. State deadlines run on a similar 60- to 180-day cycle.
How a Writ of Garnishment Works
A writ of garnishment targets money and property held by third parties rather than items in the debtor’s physical possession. The two most common targets are bank accounts and wages, but garnishment can also reach investment accounts, rental income, and accounts receivable.
Bank Account Garnishment
When a bank is served with a garnishment order, it freezes the non-exempt funds in the debtor’s account as of the moment of service. This is typically a one-time event: the bank turns over whatever qualifying balance exists that day, and the writ is satisfied or partially satisfied. The debtor cannot access the frozen funds during the process.
Before releasing any money, the bank must review the account for protected federal benefits. Federal regulation requires this review within two business days of receiving the order.4eCFR. 31 CFR 212.5 – Account Review The bank examines the prior two months of deposit history (the “lookback period”) for direct deposits from federal benefit agencies like Social Security or Veterans Affairs. If it finds protected deposits, it must calculate a protected amount equal to the lesser of the total benefit payments during that period or the current account balance, and make that amount available to the account holder regardless of the garnishment.5eCFR. 31 CFR Part 212 – Garnishment of Accounts Containing Federal Benefit Payments
Wage Garnishment
Wage garnishment is a continuing order, not a one-shot freeze. The employer withholds a portion of each paycheck every pay period until the debt is paid in full, the court quashes the writ, or the employer’s obligations are exhausted.6Office of the Law Revision Counsel. 28 USC 3205 – Garnishment
The employer is legally obligated to comply. Ignoring a garnishment order can make the employer personally liable for the amount it should have withheld. This is a court order, not a request.
One thing a private creditor cannot do is intercept a federal tax refund. The Treasury Offset Program is available only to federal and state government agencies collecting debts owed to them.7Bureau of the Fiscal Service. Frequently Asked Questions for Debtors in the Treasury Offset Program A private judgment creditor has no mechanism to tap into it.
What’s Protected from Collection
Both federal and state laws carve out categories of income and property that creditors cannot touch, regardless of the size of the judgment. Exemptions matter at least as much as the writs themselves, because they decide how much of what the creditor targets actually ends up changing hands.
Wage Garnishment Caps
The Consumer Credit Protection Act caps ordinary wage garnishment at the lesser of 25 percent of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage.8Office of the Law Revision Counsel. 15 USC 1673 – Restriction on Garnishment With the federal minimum wage at $7.25 per hour, that floor works out to $217.50 per week. Disposable earnings of $217.50 or less cannot be garnished at all. Between $217.50 and $290, only the amount above $217.50 is reachable. At $290 and above, the 25 percent cap applies.9U.S. Department of Labor. Fact Sheet 30 – Wage Garnishment Protections of the Consumer Credit Protection Act Many states set lower caps; when state and federal limits conflict, the one leaving more money with the debtor controls.
Support obligations run on different numbers. Garnishment for child support or alimony can reach up to 50 percent of disposable earnings if the debtor is supporting another spouse or child, and 60 percent if not. Both figures rise by 5 points if the debtor is more than 12 weeks behind.8Office of the Law Revision Counsel. 15 USC 1673 – Restriction on Garnishment
Social Security and Federal Benefits
Social Security payments cannot be subject to execution, levy, attachment, garnishment, or any other legal process from private creditors.10Office of the Law Revision Counsel. 42 USC 407 – Assignment of Benefits Similar protections cover Veterans Affairs benefits, federal employee retirement payments, and certain other government payments. The two-month bank account review exists precisely to enforce this protection after benefits are deposited and mingle with other funds.4eCFR. 31 CFR 212.5 – Account Review
Personal Property Exemptions
Federal exemption amounts, adjusted through 2026, protect several categories of personal property:11Office of the Law Revision Counsel. 11 USC 522 – Exemptions
- Homestead: up to $31,575 in equity in a primary residence
- Motor vehicle: up to $5,025 in one vehicle
- Household goods: up to $800 per item or $16,850 total in furniture, appliances, and clothing
- Tools of the trade: up to $3,175 in implements, professional books, or tools
- Jewelry: up to $2,125
- Wildcard: up to $1,675 in any property, plus up to $15,800 of any unused homestead exemption
State exemptions can differ substantially. Homestead protection alone ranges from nothing in a few jurisdictions to unlimited equity protection in states like Texas and Florida. About half of all states let debtors choose between the state and federal exemption sets; the rest require the state scheme. Pulling your state’s specific schedule is the single most useful thing a debtor can do when a writ shows up.
Timing and Deadlines That Matter
Enforcement does not begin the day judgment is entered. Federal Rule of Civil Procedure 62 imposes an automatic 30-day stay on execution, giving the debtor time to arrange voluntary payment or appeal.12United States Court of International Trade. Federal Rules of Civil Procedure Rule 62 – Stay of Proceedings to Enforce a Judgment State waiting periods vary and can run as short as 14 days.
A judgment also creates a lien on the debtor’s real property once a certified abstract is filed in the appropriate county records. Under federal law that lien lasts 20 years and can be renewed for another 20, with priority generally following a first-in-time rule against competing liens.13Office of the Law Revision Counsel. 28 USC 3201 – Judgment Lien State judgment durations most often fall between 5 and 20 years before requiring renewal.
Claiming Exemptions and Challenging the Writ
Exemptions don’t apply automatically. The debtor has to claim them by filing a claim of exemption with the court, typically within a short window after being served, often 10 to 30 days depending on the jurisdiction. Miss the deadline and you can lose protection you were otherwise entitled to. Once a claim is filed, the court holds the property or funds pending a hearing where both sides can argue whether the exemption applies.
A debtor who wants to stop enforcement entirely during an appeal can post a supersedeas bond, which guarantees payment of the judgment plus interest and costs if the appeal fails. Bond amounts generally run from 100 to 150 percent of the judgment. While the bond is in place, the creditor cannot execute. The upfront cost makes this impractical for many debtors, but it is the main way to pause collection through an appeal.
Some debtors are effectively judgment-proof: their income is entirely exempt (Social Security, disability, public assistance) and they own no non-exempt property. A judgment against a judgment-proof debtor is valid but uncollectable. The creditor can renew the judgment and wait for the debtor’s financial situation to change, but the law protects the income and assets from seizure in the meantime. Even in this situation, filing a claim of exemption still matters, because the creditor and the court need to be told formally that there is nothing to take.