How to Garnish Wages in Vermont After a Small Claims Judgment

Vermont Wage Garnishment Uses Trustee Process

Wage garnishment in Vermont goes by a different name than most states — it's called trustee process against earnings. The debtor's employer is the "trustee" who holds funds owed to the debtor, and you petition the court to redirect part of those earnings to satisfy your judgment.

You can only start this after Rule 10's 30-day period expires — from judgment entry if the defendant appeared, or from service of a default judgment — and no appeal or timely post-judgment motion is keeping the V.R.C.P. Rule 62 stay in effect.

Filing the Motion (Form 100-00506)

To begin, file a Motion for Trustee Process — Wage Garnishment (Form 100-00506) with the Superior Court, Civil Division clerk. The filing fee is $65. You need to know the debtor's employer name and address — without this, the court can't issue the summons.

Once filed, the court schedules a hearing and issues a Trustee Summons. You then assemble two service packets containing:

• The original Trustee Summons
• A copy of Form 100-00506
• The hearing notice with date, time, and location
• Employer Disclosure form (Form 100-00508)
• List of Exemptions (Form 100-00511)

A county sheriff or constable serves one packet on the employer and one on the debtor at least 14 days before the hearing. The officer's Return of Service must be filed with the clerk before the hearing date.

Employer Disclosure and the Hearing

The employer completes Form 100-00508 — reporting the debtor's gross pay, pay periods, and statutory deductions — and files it with the court at least three days before the hearing.

At the hearing, the judge reviews disposable earnings and applies Vermont's garnishment limits under 12 V.S.A. § 3170. If the debtor has attachable income, the court enters a withholding order.

Vermont Garnishment Limits

Vermont provides stronger wage protections than the federal minimum. How much can be garnished depends on the debt type:

Ordinary judgments: The maximum weekly withholding is the lesser of 25% of disposable earnings or the amount exceeding 30 times the federal minimum wage ($217.50/week at $7.25/hr). If the debtor earns $217.50 or less in disposable weekly income, wages are 100% exempt.

Consumer credit judgments: The cap drops to the lesser of 15% of disposable earnings or the amount exceeding 40 times the federal minimum wage ($290/week). Earnings at or below $290/week are fully protected.

Public assistance recipients: If the debtor received benefits from the Department for Children and Families or the Department of Vermont Health Access — including Reach Up, SNAP, Medicaid, or fuel assistance — within the two months before the hearing, no garnishment order can be issued at all.

After the Order Is Entered

The employer deducts the court-ordered amount each pay period and sends it directly to you. Under 12 V.S.A. § 3172, the employer cannot discharge an employee because of the garnishment.

Your filing fees and sheriff service costs can be added to the judgment balance.

If you don't know the debtor's employer, you'll need to start with a financial disclosure hearing instead.

For the complete enforcement workflow — from the 30-day waiting period through every collection tool — the Vermont judgment collection guide walks through each step with the forms, fees, and exemption calculations you need.

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