How is a garnishment typically served?

How is a garnishment typically served?

• A. On the debtor's attorney only.
• B. By posting at the courthouse.
• C. By serving on the debtor only, with no copy to the debtor.
• D. On the debtor or employer, or as permitted by governing rules, with a copy served on the debtor.

Answer: (D)

The essential idea is that a garnishment notice must be delivered in a way that actually informs the person whose wages are being taken and triggers the withholding, following the rules in place. The notice can be served on the debtor or on the employer, or as allowed by governing rules, and a copy must be served on the debtor. This ensures the debtor knows about the garnishment and has a record of the notice, while the employer is properly notified to begin withholding if required. Serving only the debtor’s attorney, or posting the notice at the courthouse, does not reliably inform the debtor or establish the proper withholding process, and serving the debtor without providing a copy deprives them of a formal notice for their records.

The essential idea is that a garnishment notice must be delivered in a way that actually informs the person whose wages are being taken and triggers the withholding, following the rules in place. The notice can be served on the debtor or on the employer, or as allowed by governing rules, and a copy must be served on the debtor. This ensures the debtor knows about the garnishment and has a record of the notice, while the employer is properly notified to begin withholding if required. Serving only the debtor’s attorney, or posting the notice at the courthouse, does not reliably inform the debtor or establish the proper withholding process, and serving the debtor without providing a copy deprives them of a formal notice for their records.