Your CT State Marshal, delivering fast, reliable, professional service of Civil Process in New Haven County.
Wage Garnishments
Employer FAQs
You (the employer) were served with a Wage Execution relating to civil judgment issued by Superior Court. The defendant in this matter is believed to be working for your organization. Under CT law you are required to process this legal order.
Note: The following should not be construed as legal advice. The following is general information about employer involvement when served with a wage execution. This information may assist you with common questions and processing of these legal papers.
Evictions
Wage Garnishments
A wage execution directs a State Marshal to cause an employer to pay over a portion of a defendant’s wages and apply them to the total amount of the unpaid judgment, plus costs, interest and marshal’s fee, which is added to the total amount due. Once served, the employer is required to pay over a portion of the defendant’s pay to the marshal.
Document Links:
Below answers in general terms many of the questions that often come up from employers and employees about the wage garnishment process:
Employer Frequently Asked Questions:
Read the instructions. See the marshal’s cover page and the “Important Notice to Employer” (Section II, page 2 of 2).
Verify employment & return the form. Complete the Wage Garnishment Verification and send it back to the marshal’s office as directed.
If the person is employed:
Use the worksheet on page 2 of 2 to calculate the deduction (there are two calculations—withhold the lower amount).
Withhold each payroll and remit payments to the marshal’s office. If wages are insufficient to garnish, note that on the form.
If no longer employed: List the separation/termination date and, if known, the new employer.
If never employed or on leave/seasonal: Indicate that on the bottom lines of the form.
Give the employee their copy immediately. This helps them understand what will happen.
Send the completed Verification Form back to the marshal’s office via fax or email.
Carefully review all the paperwork included with the wage execution. It explains your role and how to calculate the deduction.
A worksheet is included on the court order (see page 2 of 2 of the wage execution) to help you determine the correct amount to deduct. There are two calculations — the lower of the two results is the amount you should deduct from the employee’s paycheck and send to our office.
You (the employer) are not required to pay the full balance due all at once. The deductions from your employees pay are to be made each payroll cycle until the judgment, fees and interest (as applicable) is satisfied.
Be sure to give your employee a copy of the garnishment paperwork immediately upon receiving it. This is required by law and helps them understand the process.
A wage garnishment (also called a wage execution) is a legal way to collect a debt after a court has issued a judgment against someone. This means the person was sued and the court issued an order to pay over a monetary amount. The judgment can come from Superior Court, Small Claims Court, or Housing Court.
If the person ordered to pay a court judgment stops making payments—or never makes any—the creditor (plaintiff) can ask the court for a wage execution. This allows collection of the court judgment directly through the person’s employer.
State Marshals are the officers authorized by law to serve these executions. The marshal serves the wage execution on the employer, not the employee. Serving the employer directly is the required method of service.
The employer is then required by law to withhold part of the employee’s wages every pay cycle until the judgment and fees are paid off. The employee send those funds to the marshal’s office to be applied toward the debt.
If an employer refuses or fails to comply, the employer can become responsible for paying the debt themselves (i.e. if the employer refuses or neglects to turn over the wages of their employee to the marshal).
Not necessarily. The amount withheld depends on how much the employee actually earns during each pay period (weekly, biweekly, or monthly).
As the employer, you must calculate how much of the employee’s disposable wages can be deducted using the worksheet on page 2 of 2 of the wage execution papers. There are two calculations — you’ll withhold the lower of the two amounts.
Connecticut state taxes and Paid Family Leave deductions are not included in this calculation.
The $35 figure is often the amount that the defendant was to have paid weekly when the judgment was originally ordered. That payment amount was not followed, and for that reason a wage execution was issued. The deduction amount for the execution will vary based on the employee’s earnings.
An employer can only process one wage execution at a time. If the employee already has a current garnishment in place, no payments can be made on the second garnishment until the first is paid in full. The new garnishment must wait in line. When the first one ends, the second one can begin.
If there is a child support garnishment, it may be possible to process both the child support order and the civil wage execution if the employee’s disposable earnings are high enough — but total deductions for both cannot exceed 25% of their disposable pay.
If the employee works part-time or earns limited wages, there may not be enough income to deduct anything for the second garnishment.
All the above scenarios must be reported to the marshal’s office on the wage garnishment verification form.
Often employees have questions about what this about and what happens next:
Employee Frequently Asked Questions:
Not typically. The amounts listed on the garnishment are court-ordered and not negotiable.
The judgment amount, mailing costs, and marshal’s service fees are all fixed.
The USPS sets the certified mail postage rate, and the marshal’s fees are a percentages (set by Connecticut law) based on how much of the judgment remains unpaid.
If the box for post-judgment interest (Box 9 on the Execution) is checked or marked with an “X,” it means the interest on debt continues to accrue interest until paid in full.
The creditor or their attorney calculates the interest due based on the a percentage figure ordered by the court.
- The interest amount on the wage execution cover letter is the starting interest amount. This means this is the interest calculated from the date of the unpaid judgment amount to the date the execution is placed with the employer. A final interest amount may be added, which accounts for accruing interest while the wage execution is being garnished.
The marshal’s office does not calculate or control interest — that amount due is handled entirely by the creditor or their attorney.
These matters usually start with a summons & complaint or small claims notice brought for money owed (for example, an unpaid credit card bill).
The original court notice would have been served by a state marshal at the residence of the defendant. In the case of small claims actions, the paperwork may have been mailed. The court at the time of judgment found that service or notice was made and sufficient.
If you did not respond (called an answer) to the court case, the court likely entered a default judgment in favor of the creditor. The court may have ordered small regular payments (often around $35 per week). The default motion and the notice of judgment would have been also mailed to the defendant. If no payments were made as ordered, or if they were missed or stopped, the creditor can then request a wage garnishment to collect the unpaid judgment.
All filings and case information about the court judgment are public record and can be viewed on the Connecticut Judicial Branch website at jud.ct.gov using the case docket number or your name.
The wage execution is the payment plan. A portion of your paycheck will be withheld by your employer and sent to the marshal’s office each pay period until the debt is paid.
Unless you choose to pay the full balance immediately, the garnishment cannot be stopped. Separate payment plans cannot be arranged with the marshal’s office. The process is handled through your employer, not with you directly.
Yes. You may make additional payments at any time during the garnishment period to pay down the balance faster. Extra payments can be made as a lump sum or as smaller contributions directly to the marshal’s office — see the remit instructions on the cover page.
If you make any payments on your own, it’s a good idea to notify your employer, since your extra payments will reduce the remaining balance they are tracking for payroll deductions.
A judgment debtor can petition the court to modify the deduction amount. The marshals office does not make the decision about how much is deducted from your paycheck.
A modification claim forms is part of the garnishment paperwork. This form can be filed in the court where the judgment was rendered. The specific court address is on page 1 of 2 of the Exemption and Modification Claim form.
Do NOT send the form to the Marshal, the Attorney or the Creditor. The marshal cannot provide legal advice.
Note: The preceding should not should not be construed as legal advice. The following is general information about employer involvement when served with a wage execution. This information may assist you with common questions and processing of these legal papers.