The person seeking repayment of a debt files a lawsuit in the proper court of venue, usually small claims. If the plaintiff wins their case they can then apply for a writ of judgment which can be executed as a wage garnishment. Please be advised that all the laws of the state must be followed precisely in order for the plaintiff to recover the monies owed. There are also some states that do not allow wage garnishment by any creditor. Contacting the court administrator or clerk of the court in the county in which you reside should help you obtain the needed information.
A creditor can garnish however much the court has given them permission to garnish. The court decides this depending on the kind of debt owed as well as the willingness of the defendant to pay the debt. If it is a debt for owed child support, for example, a huge percentage of the wages can be garnished.
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