Legal Question in Credit and Debt Law in Alaska
Collecting Judgement
I am in the US Army and won a judgement in small claims court against another Army member. How do I file for a garnishment of her wages to collect the judgement?
1 Answer from Attorneys
Re: Collecting Judgement
You probably can't. As a general rule, Federal Government payments, including wages, are exempt from state attachment or garnishment due to the Supremacy Clause of the US Constitution.
Subject to certain exemptions, Execution would still be available on her bank accounts, dividends, non-government wages, or other property located in Alaska. The Alaska Court System has published a booklet on enforcement of judgments which should answer any other questions you have. It is available from any court clerk's office or online at http://www.state.ak.us/courts/forms.htm.