Arkansas Garnishment: What Happens If the Employer Doesn't Respond

You filed a writ of garnishment against the debtor's employer, the sheriff served it, and now you wait. The employer has a strict deadline to respond — and the consequences for ignoring it are severe.

The 30-Day Answer Deadline

Under A.C.A. § 16-110-401(a)(2)(B) and § 16-110-407, an employer served with a writ of garnishment has exactly 30 calendar days from the date of service to file a written answer. The answer must respond to the interrogatories attached to the writ, detailing:

• Whether the debtor is currently employed
• The debtor's compensation structure (hourly, salary, commission)
• The debtor's current disposable earnings
• The non-exempt amount available for withholding

The employer files the answer with the District Court Clerk.

Default Judgment Against the Employer

If the employer fails to answer within 30 days, A.C.A. § 16-110-407 allows the court, on your motion, to issue notice requiring the employer to appear at a hearing within 10 days after receiving notice and answer. After reviewing the evidence, the court may enter judgment for the non-exempt wages held when the writ was served, plus appropriate expenses.

This isn't a theoretical penalty. A default judgment against the employer means you can collect from the employer's own bank accounts and assets — not just the debtor's wages. For small businesses that ignore legal paperwork, this is a serious risk.

How to Push This Forward

If 30 days pass with no answer:

1. Check the court docket to confirm no answer was filed
2. File a motion asking the court to issue notice requiring the employer to appear and answer
3. Attend the hearing; the court will review the answer and evidence before deciding whether to enter judgment against the employer

Most employers — especially larger businesses with payroll departments — respond on time. Small employers and sole proprietors are more likely to miss the deadline, whether from confusion or deliberate avoidance.

Garnishment Limits the Employer Must Follow

When the employer does answer and starts withholding, the maximum is the lesser of:

• 25% of weekly disposable earnings, or
• The amount by which disposable earnings exceed $217.50 per week (30 × $7.25 minimum wage)

If the debtor earns $217.50 or less per week in disposable income, their wages are fully protected and the employer withholds nothing.

"Disposable earnings" means gross earnings minus legally required deductions such as taxes and FICA.

Continuing Garnishment

A wage garnishment writ in Arkansas remains active against the debtor's earnings until the full judgment balance (including post-judgment interest and court costs) is satisfied or the debtor leaves that job. If the debtor quits or is fired, you file a new writ against their next employer once you identify the new workplace.

The Collecting a Small Claims Judgment in Arkansas guide includes timelines and templates for tracking garnishment payments and filing follow-up writs.

See more Arkansas guides →