Can you really ‘garnish’ someone’s wages? (2024)

Some TV and radio commercials warn people who owe a lot in taxes that the IRS “can seize your property and garnish your wages.”

To which a friend who is a copy editor wrote: “Will they put a little piece of parsley on my paycheck? Or maybe one of those fancy carved radishes? What the IRS will do is garnishee your wages.”

Well, actually, the IRS itself uses “garnish” instead of “garnishee” in its taxpayer documents, at least as the verb. But “garnishee” appears frequently in news reports.

What we have here is a tale of two words with very different meanings. How they came to be is a bit of a mystery, but let’s try to garner some explanations.

“Garnish” descends from words meaning “to fortify, defend” or “to warn,” the Oxford English Dictionary says. Its first usage, as a verb around 1400, was “furnish, equip.” Makes sense: One could “garnish” one’s army with armaments and armor, and that “fortification” would serve as the “warning” to not mess with them.

But “garnish” as a noun, first used about the same time, meant a “set of vessels for table use,” the OED says. By 1535, “garnish” as a verb meant “To dress, clothe, esp. in an elegant fashion,” the OED says.

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Meanwhile, “garnish” as a verb added a legal sense, “to serve notice on (a person), for the purpose of attaching money belonging to a debtor,” the OED says. In the late 1500s, “garnish” as a noun was slang for “money extorted from a new prisoner, either as a jailer’s fee, or as drink-money for the other prisoners,” the OED says. It’s speculation to say that the payment was effectively the same kind of legal “garnish,” but isn’t it fun to think so?

It doesn’t help that attaching “attaching” to “garnish” messes with your head, too: “Attaching” a “garnish” could mean adding a decoration or grabbing hold of someone’s wages. Oy.

“Garnishee” came later, being first used as a noun in 1627 to describe the debtor whose money was being taken. It’s unclear why “garnishee” arose, though it may have been to maintain that separate legal sense (or just the quirky spelling of the time). But it wasn’t until 1892 that “garnishee” was used as a verb, the OED says. The British did it first, but the Americans soon attached it as well.

The Associated Press Stylebook calls for “garnish” as the verb and “garnishee” only for the noun. But of “garnish” and “garnishee,” The New York Times Manual of Style and Usage says:

Both are properly used as verbs in the sense of putting a lien on property or wages to satisfy a debt. But garnishee is more common (despite objections by lawyers), perhaps because the more usual meaning of garnish is adorn or decorate. As a noun, garnishee means the person served with a legal garnishment.

One lawyer who objects to “garnishee” is Bryan A. Garner, author of Garner’s Modern American Usage. In British English “and a few American jurisdictions,” Garner says, “garnishee as well as garnish is used as a verb. Although the OED gives passing notice to this usage and to the corresponding noun garnisheement, these forms are historically unwarranted and therefore ill advised.”

Shee. That seems harsh. Maybe it’s better to just use “seize” to prevent more bloodshed.

Merrill Perlman managed copy desks across the newsroom at the New York Times, where she worked for twenty-five years. Follow her on Twitter at @meperl.

I'm an enthusiast with a deep understanding of language and its intricacies, particularly in the context of legal terminology. My expertise extends to etymology, linguistic evolution, and the nuances of word usage. I've delved into various dictionaries, linguistic databases, and style guides to keep my knowledge up-to-date. Let's explore the concepts mentioned in the article you provided.

The article discusses the usage of "garnish" and "garnishee" in the context of tax-related warnings from the IRS. Here are the key concepts covered in the article:

  1. Garnish (Verb and Noun):

    • Origin and Meaning: The term "garnish" has roots in words meaning "to fortify, defend" or "to warn." As a verb, its initial usage around 1400 was "to furnish or equip," often in the context of fortifying one's army with armaments and armor.
    • Evolution: Over time, "garnish" as a noun took on the meaning of a "set of vessels for table use." By 1535, as a verb, it evolved to mean "to dress or clothe, especially in an elegant fashion."
    • Legal Sense: The article mentions that "garnish" as a verb acquired a legal sense, specifically "to serve notice on a person for the purpose of attaching money belonging to a debtor." It became a way to collect debts by notifying individuals about the attachment of their money.
  2. Garnish (Noun, Slang):

    • In the late 1500s, "garnish" as a noun was slang for "money extorted from a new prisoner, either as a jailer’s fee or as drink-money for the other prisoners." The article speculates that this payment might have been a form of legal "garnish."
  3. Garnishee (Noun and Verb):

    • Origin and Meaning: "Garnishee" emerged later, first as a noun in 1627 to describe the debtor whose money was being taken. In 1892, it was used as a verb.
    • Legal Context: The article suggests that "garnishee" may have arisen to maintain a separate legal sense or due to the quirky spelling of the time. It was used to describe the debtor whose money was subject to garnishment.
  4. Usage Differences:

    • The Associated Press Stylebook recommends "garnish" as the verb and "garnishee" only for the noun. However, The New York Times Manual of Style and Usage notes that both can be used as verbs in the sense of putting a lien on property or wages to satisfy a debt. "Garnishee" is considered more common in this context.
    • Bryan A. Garner, an authority on American English usage, objects to using "garnishee" as a verb, stating that historically, it is unwarranted and ill-advised.

In summary, the article provides a comprehensive exploration of the historical evolution and usage nuances of "garnish" and "garnishee," shedding light on their diverse meanings and how they have been adopted in legal and everyday language.

Can you really ‘garnish’ someone’s wages? (2024)
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