Delaware Small Claims Court Wage Garnishment: What Defendants Need to Know
When Garnishment Becomes a Risk
Wage garnishment is a post-judgment enforcement tool. It only comes into play after the plaintiff wins a judgment against you in Delaware's Justice of the Peace Court and you haven't paid. At that point, the plaintiff can ask the court for a writ that directs your employer to withhold a portion of your wages and send it directly to the plaintiff.
You cannot be garnished simply because someone sued you. The plaintiff must first obtain a judgment — either by winning at trial, getting a default judgment (because you didn't file your Answer), or through your admission on the Answer form.
How Much Can Be Garnished
Delaware law exempts 85% of wages from attachment and allows only one wage attachment at a time (10 Del. C. § 4913). Federal limits under the Consumer Credit Protection Act may further reduce the amount that can be withheld. The Justice of the Peace Court directs parties to use its Civil Form 34 wage charts; in some cases, no wages may be garnished because disposable earnings fall below the legal limit.
The Process
After obtaining a judgment, the plaintiff may request a writ of garnishment using JP Civil Form 17. A constable serves the writ on your employer, who must answer the court within 20 days. If wages are attachable, the employer withholds the amount directed by the court and sends it to the judgment creditor, not the court.
Your employer cannot fire you because of a single garnishment. Federal law (15 U.S.C. § 1674) prohibits termination for any one debt garnishment.
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How to Stop or Prevent Garnishment
Before judgment — The best protection is responding to the lawsuit. File your Answer (Civil Form 07 / CF07) within 15 days, show up at the hearing, and present your defense. If you prevent a judgment from being entered against you, there's nothing to garnish.
After a default judgment — If you missed the deadline and a default judgment was entered, you may be able to file a Motion to Vacate, normally within 15 days (or 30 days if service by certified mail was returned unclaimed). Limited exceptions may allow a later filing within a reasonable time. A successful motion reopens the case and gives you a trial.
After a trial judgment — You can appeal to the Court of Common Pleas within 15 calendar days after entry of the judgment. The appeal gets you a completely new trial (de novo review). Filing an appeal does not automatically stop garnishment — you'd need to apply for a stay and post a supersedeas bond with the Court of Common Pleas to halt enforcement during the appeal.
Payment plan — Contact the plaintiff and negotiate a voluntary payment arrangement. If the plaintiff agrees, ask them to withdraw the garnishment request and put the payment terms in writing. The court does not set or enforce private payment-plan terms; confirm whether any court filing is needed to stop the garnishment.
When the Judgment Is Already Being Enforced
If garnishment has started and you believe the amount being withheld is wrong — or that your income falls below the protected threshold — compare it with the Justice of the Peace Court's Civil Form 34 wage charts and consult a lawyer promptly about the procedure for challenging the writ. Bring proof of your income and deductions.
If you've already paid the judgment in full, the judgment creditor is responsible for notifying the court in writing that the judgment has been satisfied. Keep proof of payment and contact the creditor if the court record has not been updated.
Act Before It Gets Here
Garnishment is one of the last steps in a civil case, and the earliest decisions make the biggest difference. Filing your Answer on time, showing up prepared for the hearing, and knowing your defense options can prevent a judgment from ever being entered.
Our Delaware Small Claims Response Guide starts at the very beginning — reading your summons and calculating your deadline — and follows the defendant's path through trial, settlement, and post-judgment options.
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