How to Garnish Wages in Louisiana After a Judgment

Wage garnishment is the most reliable way to collect a small claims judgment in Louisiana when the debtor has a job. Instead of chasing lump-sum payments, you tap into the debtor's paycheck — and the employer does the withholding for you.

The Basic Framework

Louisiana wage garnishment is governed by La. C.C.P. arts. 2411–2417 and La. R.S. 13:3921. A creditor with a final judgment petitions the court to direct the debtor's employer to withhold a portion of each paycheck until the judgment, interest, and costs are satisfied.

The garnishment limit for ordinary money judgments: 75% of the debtor's disposable earnings is exempt, but the exempt amount cannot be less than 30 times the federal minimum hourly wage per week ($217.50 at $7.25/hour); the floor is adjusted for a longer or shorter pay period (La. R.S. 13:3881).

Step-by-Step Filing Process

1. Verify Finality

Your judgment must be final and executory. Wait three calendar days after signing, or three calendar days after formal service when required, for City Court small claims judgments; allow approximately 15 days from judgment or service of notice of judgment, as applicable, for JP Court judgments to clear the appeal window.

2. Identify the Employer

You need the employer's legal name and address for service. If you do not know where the debtor works, a judgment debtor examination can compel them to disclose their employer under oath.

3. File the Petition and Interrogatories

Go to the clerk of the court that rendered the judgment and file:

• A Petition for Garnishment naming the employer as garnishee
• Garnishment Interrogatories — written questions the employer must answer under oath (Do you employ the debtor? What are their earnings? Are other garnishments already active?)

You must advance the filing fees (typically $100–$180) and a statutory employer attorney fee deposit of $15–$20 (La. R.S. 13:3923).

4. Service on the Employer

The clerk issues a Writ of Fieri Facias and Garnishment Citation. The executing officer — City Marshal for City Court, Ward Constable for JP Court — serves the employer. Seizure attaches immediately upon service (La. C.C.P. art. 2411). The employer must begin withholding from the debtor's next pay cycle.

5. Employer's Answer

The employer has 30 days from service to file sworn answers to the interrogatories with the court clerk. The answers confirm whether the debtor is employed, their gross and disposable earnings, and whether other garnishments are already active.

6. Garnishment Judgment

Once the employer confirms employment, you prepare and file a Motion and Order for Judgment of Garnishment. The court signs the order directing the employer to remit withheld funds to the executing officer, who distributes them to you.

The 180-Day Deadline

This is the one that catches people off guard. Under La. C.C.P. art. 2411(B)(2), if the employer files an affirmative answer confirming employment and no opposition is filed, you must obtain a signed Garnishment Judgment within 180 days of the filing of the employer's answers. If you miss this window, the garnishment automatically lapses. The employer is released from withholding, and you have to start the entire process over from scratch.

What Happens If the Employer Doesn't Answer

If the employer fails to file sworn answers within 30 days, you can seek a Judgment Pro Confesso under La. C.C.P. art. 2413. This creates a legal presumption that the employer owes the full judgment amount. However, courts have broad discretion to reopen these judgments if the employer later shows that the debtor was not actually employed or earned far less than the judgment (La. R.S. 13:3923, as amended by Acts 2022 No. 265).

Costs and Recovery

Typical wage garnishment costs:

All costs are added to the judgment balance and recovered from the debtor as part of the garnishment.

When Wage Garnishment Won't Work

Garnishment only works against employed debtors. Self-employed individuals, independent contractors, and gig workers receive 1099 income rather than W-2 wages — standard wage garnishment does not reach that money. For those debtors, a bank account garnishment or a debtor examination to identify other assets may be more productive.

For the full process including exemption calculations, multi-garnishment priority rules, and filing forms, see our Louisiana Judgment Collection Guide.

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