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What Is Wage Assignment?
Definition and example of wage assignment, how wage assignment works, wage assignment vs. wage garnishment.
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A wage assignment is when creditors can take money directly from an employee’s paycheck to repay a debt.
Key Takeaways
- A wage assignment happens when money is taken from your paycheck by a creditor to repay a debt.
- Unlike a wage garnishment, a wage assignment can take place without a court order, and you have the right to cancel it at any time.
- Creditors can only take a portion of your earnings. The laws in your state will dictate how much of your take-home pay your lender can take.
A wage assignment is a voluntary agreement to let a lender take a portion of your paycheck each month to repay a debt. This process allows lenders to take a portion of your wages without taking you to court first.
Borrowers may agree to allow a lender to use wage assignments, for example, when they take out payday loans . The wage assignment can begin without a court order, although the laws about how much they can take from your paycheck vary by state.
For example, in West Virginia, wage assignments are only valid for one year and must be renewed annually. Creditors can only deduct up to 25% of an employee’s take-home pay, and the remaining 75% is exempt, including for an employee’s final paycheck.
If you agree to a wage assignment, that means you voluntarily agree to have money taken out of your paycheck each month to repay a debt.
State laws govern how soon a wage assignment can take place and how much of your paycheck a lender can take. For example, in Illinois, you must be at least 40 days behind on your loan payments before your lender can start a wage assignment. Under Illinois law, your creditor can only take up to 15% of your paycheck. The wage assignment is valid for up to three years after you signed the agreement.
Your creditor typically will send a Notice of Intent to Assign Wages by certified mail to you and your employer. From there, the creditor will send a demand letter to your employer with the total amount that’s in default.
You have the right to stop a wage assignment at any time, and you aren’t required to provide a reason why. If you don’t want the deduction, you can send your employer and creditor a written notice that you want to stop the wage assignment. You will still owe the money, but your lender must use other methods to collect the funds.
Research the laws in your state to see what percentage of your income your lender can take and for how long the agreement is valid.
Wage assignment and wage garnishment are often used interchangeably, but they aren’t the same thing. The main difference between the two is that wage assignments are voluntary while wage garnishments are involuntary. Here are some key differences:
Money is taken from your paycheck voluntarily to repay debt | A legal procedure where a portion of an employee’s earnings is withheld to repay debt |
No court order required | A court order usually precedes wage garnishments |
You have the right to stop the wage assignment at any time | You need to go through a legal process to stop a wage garnishment |
Once you agree to a wage assignment, your lender can automatically take money from your paycheck. No court order is required first, but since the wage assignment is voluntary, you have the right to cancel it at any point.
Wage garnishments are the results of court orders, no matter whether you agree to them or not. If you want to reverse a wage garnishment, you typically have to go through a legal process to reverse the court judgment.
You can also stop many wage garnishments by filing for bankruptcy. And creditors aren’t usually allowed to garnish income from Social Security, disability, child support , or alimony. Ultimately, the laws in your state will dictate how much of your income you’re able to keep under a wage garnishment.
Creditors can’t garnish all of the money in your paycheck. Federal law limits the amount that can be garnished to 25% of the debtor’s disposable income. State laws may further limit how much of your income lenders can seize.
Illinois Legal Aid Online. “ Understanding Wage Assignment .” Accessed Feb. 8, 2022.
West Virginia Division of Labor. “ Wage Assignments / Authorized Payroll Deductions .” Accessed Feb. 8, 2022.
U.S. Department of Labor. “ Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA) .” Accessed Feb. 8, 2022.
Sacramento County Public Law Library. “ Exemptions from Enforcement of Judgments in California .” Accessed Feb. 8, 2022.
District Court of Maryland. “ Wage Garnishment .” Accessed Feb. 8, 2022.
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Home » Debt Collection Lawsuits, Judgments and Wage Garnishments » State Wage Garnishment Laws
State Wage Garnishment Laws
Use the below state wage garnishment laws for all 50 states to learn your state’s wage garnishment laws and how much money can be garnished from your paycheck. Note , ALL states allow wage garnishment for child support, alimony, taxes and federal student loans.
Once started, its hard to stop a wage garnishment. An exception to this rule is where your rights under fair debt and credit laws such as the Fair Debt Collection Practices Act , Fair Credit Reporting Act , Telephone Consumer Protection Act , Truth In Lending Act , Electronic Fund Transfer Act and other must know consumer rights statutes have been violated. Violations can entitle you to damages, leverage and no cost attorney help.
If after you read your state’s garnishment laws you think you are being garnished illegally, click here for a FREE fair debt attorney case review. or call toll free 888-332-7252 The present damage can be lessened and you can avoid further debt and credit fallout by calling for no cost help.
Wage garnishment laws for all 50 states
1. Alabama Wage Garnishment
Prior to April 12, 1988 1. 20% of weekly disposable earnings; or 2. Amount by which the debtor’s disposable earnings exceeds fifty (50) times the minimum wage.
After April 12, 1988:
1. 25% of weekly disposable earnings; or 2. Amount by which the debtor’s disposable earnings exceeds thirty (30) times the minimum wage.
2. Alaska Wage Garnishment
Allowed by in an action on an express or implied contract. (A.S. 09.40.010) See A.S.09.38.010- 09.40.30 for list of exemptions. Here are just three exemption examples: 1. Homestead exemption allows debtor to retain to $54,000 interest in primary residence. (A.S.09.38.0l0) 2. Most state and federal benefits (welfare, social security, etc.) are exempted from attachment. (A.S. 09.38.015) 3. The first $402.50 per week is exempt unless the debtor is the sole supporter of the household. In this case, the first $602.50 per week is exempt. (A.S. 09.38.030)
3. Arizona Wage Garnishment
Wages and eamings are garnishable: (A.R.S §12-1598 et seq.). §12-1598 (4) defines “Earnings” broadly to include all forms of compensation. 25% of the statutory net disposable earnings of debtor. Court may reduce to as low as 15%. Computing the amount is a function of a statutorily approved formula embodied in a form referred to as the Non Exempt Earnings Statement (NEES). This requires the employer/garnishee to publish the gross earnings and “disposable earnings” and perform specifically prescribed calculations. The first calculation is to enter 25% of the “disposable earnings”. Next, the federal minimum wage is calculated for the subject payroll period (30 times the minimum wage for weekly payroll, 60 times for bi-weekly, and 65 times for semi -monthly payroll). That calculated minimum wage sum is subtracted from the disposable earnings. That calculated amount is compared to the 25% of net sum and the er of the two sums is the sum to be used for the next calculation. At this point, any court ordered levies, support orders, or other wage assignments are subtracted. The remaining balance must be held and paid over pursuant to the continuing lien order.
4. Arkansas Wage Garnishment
Federal garnishment rules and exemptions are used.
5. California Wage Garnishment
to 25% of the debtor’s net disposable earnings. Once the levy has been served on the employer by the sheriff or marshal, it remains in effect until the judgment has been paid in full. Because California is a community property state, the wages of a non-judgment debtor spouse are also subject to levy.
6. Colorado Wage Garnishment
Gross earnings for the First Pay Period less deductions required by Law Amounts based on Federal minimum hourly wage $5.15. Weekly: $154.50 or 75% of Disposable Earnings Bi-weekly: $309.00; or 75% of Disposable Earnings Semi-monthly $334.75 or 75% of Disposable Earnings Monthly: $669.50 or 75% of Disposable earnings
7. Connecticut Wage Garnishment
Pursuant to CGS §52-361a, the maximum amount which can legally be withheld from a debtor’s wages is the lessor of: 1. 25% of weekly disposable earnings; or 2. Amount by which the debtor’s disposable earnings exceeds forty (40) times the higher of either A. The current federal minimum hourly wage; or B. The state’s prevailing full minimum fair wage.
8. Delaware Wage Garnishment
15% of statutory net income. Garnishment remains in effect until the judgment is paid in full. Bank accounts cannot be garnished!
9. District of Columbia Wage Garnishment
Garnishments are stacked and kept in place while the senior in time garnishment is paid off. 25% of disposable income can be attached by a wage garnishment. Creditors must send the debtor, the garnishee and the Court a monthly statement of account showing the application of payments to interest, principal, attorney’s fees, and costs. Garnishees remit directly to the creditor or creditor’s attorney. Bank Accounts: No exemptions other than social security and disability income Attaching creditor can withdraw 100% of joint account balance. (The co-owner of the account might prevail in exempting funds depending on the judge and the source of the funds)
10. Florida Wage Garnishment
Florida Statutes, chapter 77 outlines very strict procedures for garnishment. Florida Statutes §222.11 offers a significant exemption to wage garnishment known as the “head of family” exemption. Effective July 1, 2001, the judgment creditor is required to serve a notice of rights to the defendant on receipt of the employees answer with a form for the defendant to fill out to claim exemptions.
11. Georgia Wage Garnishment
Pursuant to OCGA 18-4-20, the maximum part of the aggregate disposable earnings of an individual for any work week which is subject to garnishment may not exceed the lesser of twenty-five percent (25%) of his disposable earnings for that week, or the amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage. For earnings for a period other than a week, a multiple of the federal minimum hourly wage equivalent in effect shall be used.
12. Hawaii Wage Garnishment
The portion of the defendant’s after tax wages that must be withheld is 5% of the first $100 per month, 10% of the next $100.00 per month and 20% of all sums in excess of $200.00 per month, or an equivalent portion of these amounts per week. Wages and other compensation owed to the debtor for personal services rendered by the debtor during the 31 days prior to a proceeding are exempt.
13. Idaho Wage Garnishment
The maximum part of an individual’s disposable earnings for the work week subject to garnishment may not exceed the lesser of: 1. 25% of the disposable earnings; or 2. The amount of the disposable earnings that exceed 30 times the federal minimum hourly wage.
When the garnishee is the defendant’s employer, the continuing garnishment is in effect until the judgment is satisfied and if the maximum is being withheld, no additional garnishments can be served until that garnishment is satisfied.
14. Illinois Wage Garnishment
The maximum part of an individual’s disposable earnings for the work week that can be garnished is the greater of: 1. 15% of the disposable earnings; or 2. 45 times the amounts stated in section 4 of the state’s Minimum Wage Act.
15. Indiana Wage Garnishment
The maximum part of an individual’s aggregate disposable earnings for the workweek that is subject to garnishment in Indiana is the lesser of: 1. 25% of the disposable earnings; or 2. The amount of the disposable earnings that exceed 30 times the federal minimum hourly wage.
Note: A wage garnishment can be obtained after interrogatories are served and completed and after a motion for proceeding splemental is heard. Garnishments filed in Claims Court cases require a filing fee of approximately $15.00. Indiana now recognizes Voluntary Wage Assignments, which are to be signed by the debtor and the creditor, or the creditor’s attorney, and submitted to the employer.
16. Iowa Wage Garnishment
Garnishments last for seventy days. The maximum part of an individual’s aggregate disposable earnings for the workweek that is subject to garnishment in Indiana is the lesser of: 1. 25% of the disposable earnings; or 2. The amount of the disposable earnings that exceed 40 times the federal minimum hourly wage.
There is a sliding scale per creditor (not per judgment) ranging from $250 to 10% of annual wages, depending on annual wages.
Public employees can be garnisheed.
17. Kansas Wage Garnishment
The maximum part of an individual’s aggregate disposable earnings for the workweek that is subject to garnishment in Indiana is the lesser of: 1. 25% of the disposable earnings; or 2. The amount of the disposable earnings that exceed 30 times the federal minimum hourly wage; or 3. The amount of plaintiff’s claim stated in the order for garnishment.
Note: No creditor can issue more than one garnishment against the same debtor during any 30-day period.
18. Kentucky Wage Garnishment
Controlled by KRS 425.506. After a 10-day waiting period from date of judgment, a creditor may, using a pre-approved state form, file for wage garnishment to be issued by the clerk of the court, and an order of garnishment is then mailed to the garnishee employer. The employer has 20 days within which to respond. If the garnishee employer fails to answer, it may be held liable to the creditor for failing to honor the garnishment. Wage garnishments create a continuous lien against a debtor’s wages, until the debt is paid. KRS Chapter 427, which deals with exemptions, authorizes a debtor to challenge garnished funds as exempt, and provides for a subsistence allowance beyond which a plaintiff cannot garnish (generally 25% of the debtor’s disposable earnings per week). Wage garnishments have priority according to the date of service on the employer.
19. Louisiana Wage Garnishment
Louisiana uses the federal wage garnishment guidelines. Wage garnishments are effective immediatly on service of the garnishment on the employer. The amount withheld is 25% of disposable income. 401K or other retirenment funds are not counted as disposable income. Deductions are to be withheld from every paycheck and are remitted by the employer at least monthly. The Garnishment stays in effect until the full balance due is paid, including all attorneys’ fees, interest, court costs and so forth.
20. Maine Wage Garnishment
Garnishment is available: 1. After a judgment issues and a splementary (Disclosure) hearing is held; 2. If the debtor fails to appear at the Disclosure hearing, a garnishment order may issue for 25% of the debtors disposable earnings on a weekly basis or the amount which the disposable weekly earnings exceed 40 times the federal minimum wage, whichever is less (14 M.R.S.A. 3127 et seq,). The exemption on wages is now $226.00 weekly; 3. If the judgment debtor fails to pay two installments after being ordered to do so.
21. Maryland Wage Garnishment
Disposable wages are defined as the amount of wages that remain after mandatory deductions required by law, plus medical insurance payments. The amount exempt is the greater of 75% of disposable wages, or $145 times the number of weeks in which the wages were earned (in Caroline, Kent, Queen Anne’s and Worcester 30 times the federal minimum hourly wages due under the Fair labor Standards Act.) (Annotated Code of Maryland, Commercial Law Article Sec. 15-601.1) A judgment creditors report must be sent each month to the debtor and employer.
22. Massachusetts Wage Garnishment
Wage attachments may be obtained by bringing an action under G.L. c. 246 for trustee process, based on a judgment only, usually after unsuccessful splementary process proceedings. After service of the trustee process complaint on the debtor, the creditor must proceed by way of motion for permission to make the wage attachment. Writs are ordinarily returnable to Court within thirty (30) days and must be served on each payday by an officer. The writ commands the employer to withhold the wages, pending further order of the court. The employer must file an Answer with the court under oath regarding each service of the writ of attachment, specifying what, if anything, the employer has withheld from the wages of the debtor. After the creditor has attached all that he is able to, he must then return to the court, with notice to the debtor, with a motion to “charge the trustee.” After a ten-day appeal period, the Clerk’s Office will issue a trustee execution, which must be served on the employer-trustee by an officer. The execution directs the employer to hand the withheld funds over to the officer.
23. Michigan Wage Garnishment
Federal statute limits withhold to 25% of disposable earnings per week, unless the debtor’s earnings are at or near the minimum wage, 15 USC 1673, in which case no withholding is allowed. Time Limit: Garnishment writ expires 91 days after issuance, MCR 3.101(B)(1)(a)(ii). A new writ must then be issued and served. Stay of Wage Garnishment: Courts may grant the debtor an “installment payment order,” MCL 600.6201, MCR 3. 104(A), which bars wage garnishment, provided that the debtor pays as required by the order. Such an order does not prevent garnishment of bank accounts or income tax refunds. MCL 600.6245, MCR 3.101(N). Some courts nevertheless do not allow any garnishment while an installment payment order is in effect.
24. Minnesota Wage Garnishment
Minnesota Statute 550.136 and 551.06 governs wage attachment. The maximum part of an individual’s disposable earnings for a pay period that can be garnished may not exceed the lesser of: 1. 25% of the disposable earnings, or 2. The amount of the disposable earnings that exceed 40 times the federal minimum hourly wage.
The portion of the defendant’s earnings which are not subject to a wage garnishment are also exempt from garnishment for 20 days after they have been deposited in any financial institution, whether in a single or joint account. The burden of establishing that funds are exempt rests on the defendant using the first-in first-out accounting method.
25. Mississippi Wage Garnishment
The fFirst 30 days’ wages after service of garnishment are exempt. After 30 days, 75% of wages are exempt. Employer may withhold and pay when total judgment is collected but must pay at least once per year unless ordered otherwise. Garnishments are paid in the order they are served. The first one served must be paid in full before the second one can be paid. Child support withholding orders are not considered garnishments; thus they are paid regardless of priority. If a debt garnishment and child support withholding order are pending at the same time, the amount to be withheld pursuant to the child support order does not reduce the amount subject to the debt garnishment.
26. Missouri Wage Garnishment
The maximum amount that may be held from a person’s weekly wages, after withholdings required by law, is the lesser of: 1. 25% of the wages, 2. 10%, if the person is head of a family and a Missouri resident, or 3. The amount by which the weekly earnings exceed thirty times the federal minimum hourly wage. Mo. Rev. Stat. §525.030.
Note: Child support garnishment may be subject to a higher percentage of deduction.
27. Montana Wage Garnishment
Montana Code Title 25, Chapter 13, and entitled ‘Execution of Judgment’ authorize wage attachment. There is no continuous garnishment for employees provided by the Montana Legislature. The wage exemption statute is identical to the Federal exemption statute and an execution writ is good for 60 days.
28. Nebraska Wage Garnishment
Although Nebraska allows wage garnishment it rejects the Federal exemptions. 1. Proceeds or interest from payments or settlements under the Worker’s Compensation Act (Neb. Rev. Stat. §48-149), except for attorney’s fees approved in writing by district court (Neb. Rev. Stat. §48-108); 2. Fraternal insurance benefits (Neb. Rev. Stat. §44-l072); 3. Certain wages; all proceeds, cash values and benefits accruing under any annuity contract, policy or certificate or life insurance payable on death of insured to beneficiary other than estate of insured, or under any accident or health insurance policy, to the extent of $10,000,00 (Neb. Rev. Stat. §44-371).
29. Nevada Wage Garnishment
Nevada applies its own statutory exemptions that are generally more liberal than the Federal Exemptions. Nevada allows a wage garnishment of to 25% of the debtor’s disposable earnings. Child support garnishments take priority regardless of when the levy was received. A wage garnishment is good for one hundred and twenty days (120) from the date of service of the writ on the employer.
30. New Hampshire Wage Garnishment
New Hampshire has a non-continuous wage attachment “on the books,” in RSA 512. The process is seldom employed due to severe restrictions on its use, the cost, and the fact that many judges do not favor it and have discretion to disapprove it. The lien applies only to wages earned post-judgment. Under New Hampshire procedural rules, seeking a garnishment would therefore require the filing of a new lawsuit each time such an attachment is sought. The attachment only applies to wages earned to the date of service. In other words, there is no provision for an ongoing garnishment. There is an exemption for earnings to 50 times the minimum wage. New Hampshire does have a mechanism for establishing a court-servised payment plan under RSA 524. This creates no lien against earnings, and is enforceable through contempt should the debtor default.
31. New Jersey Wage Garnishment
10% gross 25% of disposal earnings whichever is less but no execution on gross wages of $154.50 or less a week (Source: 15 USC, 1671 et seq,: 29 C. F. R., 5870; N.J.S.A. 2A: 17-50).
32. New Mexico Wage Garnishment
New Mexico Law provides for continuing wage garnishments. The employer must withhold to 25% of disposable earnings from each paycheck beginning on service of the writ and continuing until the judgment is paid in full. If previous garnishments are in effect when the writ is served, the earlier writ(s) must be satisfied before withholding begins on the later writ. to 50% of disposable wages is subject to a garnishment for child support, making subsequent garnishments for debts ineffective. Pre-judgment garnishment of wages is prohibited.
33. New York Wage Garnishment
The maximum amount recoverable is ten percent (10%) of gross income, or the federal maximum, whichever is less. If the debtor is subject to garnishment for alimony, support or maintenance, the combined garnishments cannot exceed twenty-five percent (25%) of disposable earnings. Income executions are prioritized by order of delivery to the Sheriff, but garnishments for alimony support or maintenance always take priority. The execution is a two-stage process. First, the sheriff serves the execution on the debtor at his or her residence. If the debtor does not begin making payments within twenty (20) days, the sheriff levies on the employer
34. North Carolina Wage Garnishment
Unless the debtor has substantial funds on deposit and no family dependent on those funds for support, garnishment of wages is not generally helpful in collecting other claims except: 1. To enforce an order for child support (G. S. § 110-136), 2. To recover unpaid taxes (G. S. § 105- 242(8), 105-368, 106-9.4), and 3. To enforce a judgment for payment of medical services provided by a “public” hospital (G. S. § 131E-49),
Under G. S. § 1-362, the debtor’s earnings for personal services within 60 days prior to the order cannot be applied to the debt if it appears that the earnings are necessary for the use of the debtor’s family. Further, future earnings have been excluded from the scope of execution under Harris v. Hinson, 87 N.C. App. 148,360 S.E.2d 118 (1987).
35. North Dakota Wage Garnishment
The maximum part of an individual’s aggregate disposable earnings for the work week that is subject to garnishment in North Dakota is the lesser of: 1, 25% of the disposable earnings, or 2. The amount of the disposable earnings that exceed 40 times the federal minimum hourly wage.
Note: The maximum amount subject to garnishment must be reduced by $20.00 for each dependent family member residing with the defendant.
36. Ohio Wage Garnishment
Under O.R.C. §2716.02, any person seeking a post-judgment wage garnishment must send a written demand to the judgment debtor at least 15 days and not more than 45 days before seeking a garnishment order. Ordinary U.S. Mail with a certificate of mailing may serve through the court; by certified U .S. Mail, return receipt requested; or the demand. It must be sent to the judgment debtor’s last known place of residence, and the demand must follow the form specified in this statute. O.R.C. §§2716.03 and 2716.05 specify the format for the garnishment motion, order, and notice. O.R.C. §2716.03 further provides that there can be no wage garnishment if the debt is subject to a debt scheduling agreement through a debt counseling service, unless the debtor or the debt counseling service fails to make payment for 45 days after the payment due date. Under O.R.C. §2716.04, the garnishment order is a continuous order, requiring the garnishee to withhold from the debtor’s earnings each pay period until the judgment is paid in full. to 25% of the debtor’s net disposable income may be garnished. However, this order may be interrted by the filing of a garnishment by another judgment creditor, in which case: 1. The first garnishment order shall remain in effect for 182 days, if the subsequent garnishment is the same priority, or 2. The first garnishment order shall immediately cease to be in effect if the subsequent garnishment is a higher priority, such as a child support order or tax levy.
37. Oklahoma Wage Garnishment
Oklahoma specifically authorizes Post-judgment wage attachment. 12 -1151 et al. Entry of judgment is a condition precedent to a wage attachment. 12 O.S. § 1151 (West 2000). The judgment creditor has the option of a non-continuing wage attachment that lasts one pay period, or a continuing wage attachment that lasts 180 days. 75% of the debtor’s wages are exempt from wage attachment 12 O.S. Sec. 1151. Note: This 75% exemption could increase if the debtor establishes hardship.
38. Oregon Wage Garnishment
Exemption is 75% of disposable earnings or 40 times the federal minimum hourly wage. See the following statutory guidelines and limitations. ORS 29.125, .145 and .225 and 23.175.
39. Pennsylvania Wage Garnishment
No wage attachment in this state except for taxes and child support. The Pennsylvania Department of Revenue is authorized to garnish wages without obtaining a court order for collection of unpaid state taxes. The Department will first notify taxpayers of its intent to contact their employers to begin withholding. If a taxpayer fails to resolve the tax liability, the taxpayer’s employer will be ordered to begin garnishing wages and make payments to the Commonwealth. Employers may retain to 2% of the amount collected to compensate for costs of additional bookkeeping.
40. Rhode Island Wage Garnishment
Under Rhode Island law, the maximum amount which can be legally withheld from an employee’s wages by an employer is twenty-five (25%) percent of the employee’s disposable earnings. Disposable earnings are defined as the earnings of an individual after deduction of taxes, social security and temporary disability contributions. Individuals are exempt from attachment for one year if they have collected social security or state assistance.
41. South Carolina Wage Garnishment
Wage attachment is prohibited in South Carolina. SCCLA 37 -5-104.
42. South Dakota Wage Garnishment
Post-judgment wage attachment is specifically authorized by SDCL 21-18-1. 20% of disposable earnings but only for a 60-day period and this 60-day period can be renewed regulary. Under SDCL 21-19-17, the earnings of the debtor that are immediatey necessary for the support of the debtor and his famiy are exempt from attachment. Exampes include money needed for rent, food, medical expenses, and clothing. Aid, such as welfare, social security, and child support, are exempt from attachment.
43. Tennessee Wage Garnishment
A debtor may obtain relief from garnishment by filing a “slow pay” motion, supported by an affidavit of his or her existing debts. While no specific statutory provision so requires, most judges require that a debtor pay an amount sufficient to pay post-judgment interest and some portion of the principal. A debtor’s wages may be attached before judgment is rendered if the debtor attempts to evade service of process.
44. Texas Wage Garnishment
Wages cannot be attached or garnished, except for child support. Income that is not a wage can be garnished or ordered turned over to a receiver. Bank accounts, rents and royalties can be garnished. Exemptions include social security benefits. WARNING For individuals living in Texas who are paid from an out of state location, there is case law (Baumgardner vs. Sou Pacific 177 S.W. 2d 317) to support taking a judgment from Texas, domesticating the judgment in the foreign state, then filing the wage garnishment there. Many creditors have used this strategy successfully.
45. Utah Wage Garnishment
Wage garnishment is valid for 120 days. The maximum part of an individual’s disposable earnings for the pay period that is subject to garnishment is the lesser of: 1. 25% of the disposable earnings for the pay period, or 2. The amount by which the disposable earnings exceed 30 times the federal minimum hourly wage.
46. Vermont Wage Garnishment
75% of debtor’s wages are exempt from attachment except for a consumer debt and then 85% of the debtor’s wages are exempt. If at the hearing a debtor can show his income is used for reasonable and necessary living expenses for himself and that of his legal dependants, his income may be exempt. If an order to garnish is obtained, it continues until the judgment is paid in full or his employment is terminated.
47. Virginia Wage Garnishment
Virginia uses the federal wage exemption. The maximum part of disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed the lesser of; 1. 25% of disposable earnings for that week, or 2. The amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum wage.
48. Virgin Islands Wage Garnishment
Garnishment is subject to ten percent (10%) or so much of gross wages as exceeds $30 due or to become due to judgment debtor from employer-garnishee for any weekly pay period, or its equivalent for any pay period of different duration. The above percentage limitation does not apply in case of execution of judgment, order or decree of any court for payment of any sum for support or maintenance of a person’s spouse, former spouse, or children, and such execution, judgment, order or decree will, in the discretion of the court, have priority over any other levy against judgment debtor’s wages. In case of execution on judgment, order or decree for payment of such sum for support of maintenance, limitation will be fifty percent (50%) of gross wages due or to become due to any person per pay period or periods ending in any calendar month. (Title 5, Section 522, Virgin Islands Code).
49. Washington Wage Garnishment
Garnishment is allowed under RCW 6.27.005. It is limited to greater of 25% of disposable earnings or thirty times the federal minimum wage. RCW 6.27.150 and 6.27.010
50. West Virginia Wage Garnishment
Wage attachment is permitted in West Virginia through use of a suggestee execution. A suggestee execution is an order issued by the clerk directing the judgment debtor’s employer to withhold a portion of the debtor’s wages and pay them over to the creditor. The creditor must have a valid judgment and must sign an affidavit establishing that the debtor’s disposable income exceeds 30 times the federal minimum wage after deduction of state and federal taxes, See West Virginia Code §§ 38-5A-l to 13; 38-5B-l to 16. West Virginia law also allows judgment creditors to file a suggestion of personal property, a writ of execution and a judgment lien creditor’s action.
51. Wisconsin Wage Garnishment
Wage garnishment actions are considered separate actions under Wisconsin Statute, requiring the payment of a filing fee and issuance of the earnings garnishment notice to the employer and employee, which can be accomplished by first class mail. on issuance of the earnings garnishment, the garnishment will remain in effect for a period of 13 weeks. At the end of this time period, a new garnishment action must be commenced, unless the previous garnishment was voluntarily extended. Typically, 20% of a debtor’s net earnings after withholding taxes and Social Security can be taken by a creditor. A debtor does have the right to assert various exemptions to the garnishment, including income below the Federal Poverty Guidelines, eligibility to receive foods stamps or medical assistance, or court-ordered assignments of child support that exceed 25% of the debtor’s wages.
52. Wyoming Wage Garnishment
Section 1-15-408: A writ of post judgment garnishment shall attach to the lesser of twenty-five percent (25%) of 8disposable earnings, or that amount of disposable earnings which exceeds thirty (30) times the federal minimum hourly wage. Section 1-15-502: Garnishment (on the wages of the defendant) shall be a lien and continuous levy against earnings due until ninety [90) days has expired or until the writ is dismissed. Section 1-15-504: When more than one (1) writ of continuing garnishment has been issued against the earnings due the same judgment debtor, the garnishment shall be satisfied in the order of service on the garnishee.
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WAGE AND HOUR DIVISION
UNITED STATES DEPARTMENT OF LABOR
Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA)
Revised October 2020
This fact sheet provides general information concerning the CCPA’s limits on the amount that employers may withhold from a person’s earnings in response to a garnishment order, and the CCPA’s protection from termination because of garnishment for any single debt.
Wage Garnishments
A wage garnishment is any legal or equitable procedure through which some portion of a person’s earnings is required to be withheld for the payment of a debt. Most garnishments are made by court order. Other types of legal or equitable procedures for garnishment include IRS or state tax collection agency levies for unpaid taxes and federal agency administrative garnishments for non-tax debts owed to the federal government.
Wage garnishments do not include voluntary wage assignments – that is, situations in which employees voluntarily agree that their employers may turn over some specified amount of their earnings to a creditor or creditors.
Title III of the CCPA’s Limitations on Wage Garnishments
Title III of the CCPA (Title III) limits the amount of an individual’s earnings that may be garnished and protects an employee from being fired if pay is garnished for only one debt. The U.S. Department of Labor’s Wage and Hour Division administers Title III, which applies in all 50 states, the District of Columbia, and all U.S. territories and possessions. Title III protects everyone who receives personal earnings.
The Wage and Hour Division has authority with regard to questions relating to the amount garnished or termination. Other questions relating to garnishment should be directed to the court or agency initiating the garnishment action. For example, questions regarding the priority given to certain garnishments over others are not matters covered by Title III and may be referred to the court or agency initiating the action. The CCPA contains no provisions controlling the priorities of garnishments, which are determined by state or other federal laws. However, in no event may the amount of any individual’s disposable earnings that may be garnished exceed the percentages specified in the CCPA.
Definition of Earnings
The CCPA defines earnings as compensation paid or payable for personal services , including wages, salaries, commissions, bonuses, and periodic payments from a pension or retirement program. Payments from an employment-based disability plan are also earnings.
Earnings may include payments received in lump sums , including:
- commissions;
- discretionary and nondiscretionary bonuses;
- productivity or performance bonuses;
- profit sharing;
- referral and sign-on bonuses;
- moving or relocation incentive payments;
- attendance, safety, and cash service awards;
- retroactive merit increases;
- payment for working during a holiday;
- workers’ compensation payments for wage replacement, whether paid periodically or in a lump sum;
- termination pay ( e.g. , payment of last wages, as well as any outstanding accrued benefits);
- severance pay; and,
- back and front pay payments from insurance settlements.
In determining whether certain lump-sum payments are earnings under the CCPA, the central inquiry is whether the employer paid the amount in question for the employee’s services .If the lump-sum payment is made in exchange for personal services rendered, then like payments received periodically, it will be subject to the CCPA’s garnishment limitations. Conversely, lump-sum payments that are unrelated to personal services rendered are not earnings under the CCPA.
For employees who receive tips, the cash wages paid directly by the employer and the amount of any tip credit claimed by the employer under federal or state law are earnings for the purposes of the wage garnishment law. Tips received in excess of the tip credit amount or in excess of the wages paid directly by the employer (if no tip credit is claimed or allowed) are not earnings for purposes of the CCPA.
Limitations on the Amount of Earnings that may be Garnished (General)
The amount of pay subject to garnishment is based on an employee’s “disposable earnings,” which is the amount of earnings left after legally required deductions are made . Examples of such deductions include federal, state, and local taxes, and the employee’s share of Social Security, Medicare and State Unemployment Insurance tax. It also includes withholdings for employee retirement systems required by law.
Deductions not required by law – such as those for voluntary wage assignments, union dues, health and life insurance, contributions to charitable causes, purchases of savings bonds, retirement plan contributions (except those required by law) and payments to employers for payroll advances or purchases of merchandise – usually may not be subtracted from gross earnings when calculating disposable earnings under the CCPA.
Title III sets the maximum amount that may be garnished in any workweek or pay period, regardless of the number of garnishment orders received by the employer. For ordinary garnishments ( i.e. , those not for support, bankruptcy, or any state or federal tax), the weekly amount may not exceed the lesser of two figures: 25% of the employee’s disposable earnings, or the amount by which an employee’s disposable earnings are greater than 30 times the federal minimum wage (currently $7.25 an hour).
Therefore, if the pay period is weekly and disposable earnings are $217.50 ($7.25 × 30) or less, there can be no garnishment. If disposable earnings are more than $217.50 but less than $290 ($7.25 × 40), the amount above $217.50 can be garnished. If disposable earnings are $290 or more, a maximum of 25% can be garnished. When pay periods cover more than one week, multiples of the weekly restrictions must be used to calculate the maximum amounts that may be garnished. The table and examples at the end of this fact sheet illustrate these amounts.
Weekly | Biweekly | Semimonthly | Monthly |
---|---|---|---|
$217.50 or less: NONE | $435.00 or less: NONE | $471.25 or less: NONE | $942.50 or less: NONE |
More than $217.50 but less than $290.00: Amount ABOVE $217.50 | More than $435.00 but less than $580.00: Amount ABOVE $435.00 | More than $471.25 but less than $628.33: Amount ABOVE $471.25 | More than $942.50 but less than $1,256.66: Amount ABOVE $942.50 |
$290.00 or more: MAXIMUM 25% | $580.00 or more: MAXIMUM 25% | $628.33 or more: MAXIMUM 25% | $1,256.66 or more: MAXIMUM 25% |
As discussed below, these limitations do not apply to certain bankruptcy court orders, or to garnishments to recover debts due for state or federal taxes, and different limitations apply to garnishments pursuant to court orders for child support or alimony.
Limitations on the Amount of Earnings That May be Garnished for Child Support and Alimony
Title III also limits the amount of earnings that may be garnished pursuant to court orders for child support or alimony. The garnishment law allows up to 50% of a worker’s disposable earnings to be garnished for these purposes if the worker is supporting another spouse or child, or up to 60% if the worker is not. An additional 5% may be garnished for support payments more than l2 weeks in arrears.
Exceptions to Title III’s Limitation on Wage Garnishments
The wage garnishment law specifies that its limitations on the amount of earnings that may be garnished do not apply to certain bankruptcy court orders, or to debts due for federal or state taxes.
If a state wage garnishment law differs from Title III, the law resulting in the lower amount of earnings being garnished must be observed.
Non-Tax Debts Owed to Federal Agencies
The Debt Collection Improvement Act authorizes federal agencies or collection agencies under contract with them to garnish up to 15% of disposable earnings to repay defaulted debts owed to the U.S. government. As of December 20, 2018, the Higher Education Act authorizes the Department of Education’s guaranty agencies to garnish up to 15% of disposable earnings to repay defaulted federal student loans. Such withholding is also subject to the provisions of Title III of the CCPA, but not state garnishment laws. Unless the total of all garnishments exceeds Title III’s limits on garnishment, questions regarding such garnishments should be referred to the agency initiating the withholding action.
EXAMPLES OF AMOUNTS SUBJECT TO GARNISHMENT
The following examples illustrate the statutory tests for determining the amounts subject to garnishment, based on the current federal minimum wage of $7.25 per hour.
- An employee’s gross earnings in a particular week are $263. After deductions required by law, the disposable earnings are $233.00. In this week, $15.50 may be garnished, because only the amount over $217.50 may be garnished where the disposable earnings are less than $290.
- An employee receives a bonus in a particular workweek of $402. After deductions required by law, the disposable earnings are $368. In this week, 25% of the disposable earnings may be garnished. ($368 × 25% = $92).
- An employee paid every other week has disposable earnings of $500 for the first week and $80 for the second week of the pay period, for a total of $580. In a biweekly pay period, when disposable earnings are at or above $580 for the pay period, 25% may be garnished; $145.00 (25% × $580) may be garnished. It does not matter that the disposable earnings in the second week are less than $217.50.
- An employee on a $400 weekly draw against commissions has disposable earnings each week of $300. Commissions are paid monthly and result in $1,800 in disposable earnings for July after already-paid weekly draws are subtracted and deductions required by law are made. Each draw and the monthly commission payment are separately subject to the law’s limitation. Thus, 25% of each week’s disposable earnings from the draw ($75 in this example) may be garnished. Additionally, 25% of the disposable earnings from the commission payment may be garnished, or $450 ($1,800 × 25% = $450).
- An employee who has disposable earnings of $370 a week has $140 withheld per week pursuant to court orders for child support. Title III allows up to 50% or 60% of disposable earnings to be garnished for this purpose. A garnishment order for the collection of a defaulted consumer debt is also served on the employer. If there were no garnishment orders (with priority) for child support, Title III’s general limitations would apply to the garnishment for the defaulted consumer debt, and a maximum of $92.50 (25% × $370) would be garnished per week. However, the existing garnishment for child support means in this example that no additional garnishment for the defaulted consumer debt may be made because the amount already garnished is more than the amount (25%) that may be generally garnished. Additional amounts could be garnished to collect child support, delinquent federal or state taxes, or certain bankruptcy court ordered payments.
Title III Protections against Discharge when Wages are Garnished
The CCPA prohibits an employer from firing an employee whose earnings are subject to garnishment for any one debt, regardless of the number of levies made or proceedings brought to collect that one debt. The CCPA does not prohibit discharge because an employee’s earnings are separately garnished for two or more debts.
Where to Obtain Additional Information
For additional information, visit our Wage and Hour Division Website: http://www.dol.gov/agencies/whd and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).
This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.
The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.
Wage Assignments in Consumer and Other Contracts
Most of the time an employee knows when his wages are about to be garnished: He is sued, the court enters a judgment against him for the amount owed, and thereafter a wage garnishment order ensues. The employee has plenty of time to plan for it, forewarn his employer, and make the process as palatable as possible, should a repayment arrangement not be possible.
An employee typically does not learn about this kind of garnishment until after the garnishment has taken place and he notices his pay check is short.
Technically speaking, a wage assignment is a provision in a private agreement — often a consumer credit agreement like the ones used in buying a refrigerator.
The “wage assignment” provision assigns the borrower’s future wages to the creditor in the event of default by non-payment. If a default occurs, the creditor in effect forecloses on the security (the wages) by sending a garnishment demand to the employer. Usually, the letter is written by the creditor’s attorney or billing department.
Most garnishments are based on a judgment or court order and constitute official orders of the court. The request for garnishment is made to the court and the court grants the request by issuing a garnishment order. This is the case for most wage garnishments for child support.
Types of Voluntary Wage Assignments
Voluntary wage assignments, often simply called “wage assignments,” are those that the indebted employee enters into by agreement. He may agree to it by signing a consumer credit or loan agreement, or he may agree to repay a debt by entering into a repayment agreement with a wage assignment provision.
Considering these wage assignments as “voluntarily” is a stretch. Most borrowers don’t read the fine print in consumer contracts and loan papers, have no bargaining strength to oppose these provisions even if they want to, and don’t learn about the wage assignment until it is too late to do anything about it.
In 1970, Congress passed Title III of the Consumer Credit Protection Act. Under that Act, the federal government took control over wage garnishment proceedings for the first time.
Generally speaking, this law limits the extent to which earnings can be garnished to 25% of “disposable earnings” or to amounts above 30 times minimum wage, whichever is less. It also prohibits the employer from terminating an employee for any wage garnishment based on a single debt.
Importantly, the permitted deductions DO NOT include sums withheld as part of a voluntary wage assignment; as such deductions are not legally required. What this means is that wage garnishment protections do not take into account the effect of voluntary wage assignments. Also, they do not apply to real estate purchases (which have specific contracts).
Furthermore, because wage assignments are not technically considered garnishment under federal law, an employer can lawfully terminate an employee for a single garnishment based on a voluntary wage assignment. Put another way, the anti-termination protections of federal law do not apply to wage assignments.
State Law Limitations on Wage Assignments
Many states have passed laws making wage assignments invalid, due to their intrusive and potentially devastating effect on borrowers. Some states bar any form of wage assignment, while others limit wage assignments to only child or spousal support.
Citations/references
Federal statute: title iii, consumer credit protection act (ccpa), 15 usc, §§1671 et seq., code of federal regulations: 29 cfr part 870, u.s. wage and hour division: fact sheet #30 – the federal wage garnishment law, consumer credit protection act’s title iii (ccpa), field operations handbook – 02/09/2001, rev. 644, chapter 16, title iii – consumer credit protection act (wage garnishment), summary of state laws on garnishment: http://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter2-9.html.
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Michigan is a Muddled Middle State Regarding Voluntary Wage Assignments
Voluntary wage assignment’s (VWA’s), while legal under federal law, are not wage garnishments (a wage garnishment is the formal process of deducting wages after a court order has been awarded). A VWA is an employee’s voluntary agreement to allow their employer to turn over a specified amount of the employee’s wages to a creditor. VWA’s are governed by a written contract between the parties and unless a state’s common law or statutes directs otherwise, they will be governed under contract law. However, federal law requires that employees be able to revoke a VWA at will, but imposes no time limits or methodology requirements.
The treatment of VWA’s vary by state. Some states allow VWA, some prohibit them, and some are silent as to VWA’s – i.e. the muddled middle states. The law regarding VWA’s is unclear in muddled middle states, including Michigan. In Michigan and other muddled middle states, employers may decline to implement VWA’s. If a creditor wants to garnish wages, they may have to file a collection lawsuit in court.
To combat confusion, employers may want to consider drafting internal procedures that reflect state law requirements and adopting a company policy stating that they cannot assign earned or unearned wages without employee consent, unless doing so is contrary to law.
This article was written by Ryan Hansen, Law Clerk
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What Is a Wage Assignment?
How wage assignment works.
- Why Are Wage Assignments Voluntary?
Wage Garnishment
The bottom line.
- Credit & Debt
- Debt Management
Wage Assignment: What It Means, How It Works
Wage assignment is the act of taking money directly from an employee's paycheck in order to pay back a debt obligation. Such an automatic withholding plan may be used to pay back a variety of debt obligations, including back taxes, defaulted student loan debt, and both child and spousal support payments.
Key Takeaways
- A wage assignment takes funds directly from an employee's paycheck to pay back a debt.
- How wage assignments are regulated varies by state, with some states even allowing for voluntary child support agreements.
- A wage garnishment is an involuntary deduction and requires a court order.
Wage assignments are typically incurred for debts that have gone unpaid for a prolonged period of time. Employees may sometimes opt for a voluntary wage assignment to pay for things like union dues or to contribute to a retirement fund.
A wage assignment is processed as part of an employer's payroll procedure. The employee's paycheck is decreased by the amount of the assignment and noted on their pay stub.
A wage assignment is often a lender's last resort to receive repayment from a borrower who has previously failed to pay a debt obligation.
Wage assignments are a valuable tool for collecting unpaid debts, but unfortunately, they may be associated with abusive lending practices . If you're struggling with your debt, one of the best debt relief companies or credit counseling agencies may be able to help you get back on track before a wage assignment is incurred.
What Makes Wage Assignments Voluntary?
In a voluntary wage assignment, a worker essentially asks their employer to withhold a portion of their paycheck and send it to a creditor to pay off a debt. Loan agreements may sometimes include a voluntary wage assignment clause in their terms should the borrower default on their loan.
Payday lenders often include voluntary wage assignments into their loan agreements to better their chances of being repaid. Laws regarding wage assignments vary by state.
For example, in West Virginia, wage assignments are capped at 25% of a worker's take-home earnings, the employee and the employer must sign the agreement, and agreements must be renewed annually. Under Illinois law, a lender cannot resort to wage assignment until a debt is 40 days in default. The wage assignment cannot continue for more than three years, and the worker can stop the wage assignment at any time.
Involuntary wage deductions, known as wage garnishments , require a court order and are most likely to be employed to collect spousal and child support payments that have been ordered by a court. Wage garnishments may also be used to collect unpaid court fines or student loans that have been defaulted on.
Several states allow individuals to sign up for voluntary child support agreements. In such a case, both parents must agree to a plan. Once that happens, a voluntary wage assignment may begin. If a child support or welfare agency is involved, they would have to approve any plan.
How Long Can I Have a Wage Assignment?
Since wage assignments are voluntary, the length of time that you use one can vary. Some loans include a wage assignment agreement, so you'll have to check the language of your loan to determine your obligation. Each state also has its own regulations regarding wage assignments.
How Much of My Income Can Go to Wage Assignments?
Every state has its own regulations, but typically 15–25% of your disposable income can be designated for wage assignments.
Is Wage Garnishment the Same as Wage Assignment?
While they are similar, wage garnishment and assignment are not the same. Wage garnishment is an involuntary paycheck deduction, typically ordered to repay child support, student loans, tax debt, or bankruptcy. A wage assignment is voluntary and may be used to repay a consumer debt.
Wage assignments may be a useful tool to help you pay down a debt. Wage assignments are voluntary but they may be hidden in the fine print of some loan products, so read everything carefully before signing. Check the regulations in your state to determine if your wage assignment is revocable.
West Virginia Division of Labor. " Wage Payment and Collection (WPC) Act: Payroll Deductions and Wage Assignments ," Page 3.
Illinois General Assembly. " (740 ILCS 170/) Illinois Wage Assignment Act ."
U.S. Department of Labor. " Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA) ."
Illinois Legal Aid. " Understanding Wage Assignment ."
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Wage Garnishment & Assignment: 4 must knows for employers
By Julie Farraj
Feb. 15, 2017
Proper management of wage garnishment can be especially crucial to growing businesses because as their hiring increases, they may also be inadvertently increasing their garnishment liability. That’s why it’s important for an employer to remember four things can help appropriately and accurately process wage garnishments while remaining compliant.
1. All garnishments are not the same.
Here’s a basic wage withholding definition: When an employee fails to repay a debt, a wage withholding court order can be issued against the employee’s earnings to satisfy that debt. This court order — also called a wage garnishment — requires the employer to withhold a portion of the employee’s wages and forward them to a third party. Wage garnishment orders also can be issued by government agencies such as the IRS, state tax agencies and the U.S. Department of Education.
Simple, right? A business receives an order about one of its employees and refers it to its payroll department to process by withholding the appropriate wages and forwarding it to the proper recipient.
There are six common types of wage garnishment. They are:
Child support garnishment comprises by far the highest volume of orders employers process, and, while some of the laws are very standardized, the law can vary by state.
Creditor garnishments are debts that occur when a person is delinquent on consumer payments (e.g. credit card debt). The creditor may take the debtor to court and seek a wage withholding order for the outstanding debt.
Bankruptcy orders . Based on research from the American Bankruptcy Institute , 97 percent of all bankruptcies are personal filings rather than business filings.
Student loans may be collected by the U.S. Department of Education, which may contract with collection agencies to enforce and collect the defaulted loans.
Tax levy garnishments can be issued at the federal, state or local level. Each state differs in its requirements and those laws may differ from federal levies.
Wage assignment occurs when an employee voluntarily agrees to have money withheld from his or her wages. Wage assignments are governed by state law and do not involve a court order. Since they are voluntary and the employee specifies the amount to withhold, they do not fall under the requirements of the Federal Consumer Credit Protection Act.
It’s important that employers keep in mind the type of debt owed, the party collecting it, and the laws applicable to that debt. Knowing which laws, rules, and regulations apply and keeping current on them when processing wage garnishments can be challenging for employers, and, if done incorrectly, may expose employers to various liabilities and penalties.
In addition, the six types of wage garnishments noted above are the most common wage garnishments; employers may receive other less common types of wage garnishments. It’s the employer’s responsibility to comply with and make sure all orders are processed in a timely manner and correctly whether or not they are familiar.
2. Wage garnishment can affect employee productivity and morale.
Most employers recognize that wage garnishment has a direct impact on employees. However, this impact can extend beyond their paychecks. Processing garnishments is not as straightforward as simply withholding wages from an employee’s paycheck and sending a payment. The process is far from simple and can be complicated by myriad emotions.
Employees often find it humiliating because the courts have intervened and employers have become involved in their private struggles.
Employees in this position may feel that they’re now working for the institutions to which they’re indebted rather than for themselves and their futures. Stress and anxiety are often natural extensions of the garnishment process.
An affected employee’s anxiety could show itself through decreased productivity or a lack of motivation. Employers can help affected employees and potentially decrease future garnishments by providing financial wellness training and counseling, as well as tax education, to help employees manage debt.
3. Wage garnishment can affect an employer’s finances and business efficiency.
Employees aren’t the only ones affected by wage garnishment. Employers expose themselves to financial and legal risk when they incorrectly garnish an employee’s wages, fail to file in a timely way, file a defective response, fail to follow specific requirements when sending payments, or make other missteps with a garnishment. Mishandling a garnishment can lead to a judgment against the employer for the entire amount of the employee’s debt, a lawsuit from the creditor or the employee, or other costs or penalties that the employer didn’t anticipate or budget for.
In the instance of garnishments for child support, employers could potentially feel the impact of laws designed to restrict travel. For instance, the Social Security Act was amended in 1997 with a sub-section that established the denial, revocation, or restriction of U.S. passports if the non-custodial parent has child support arrears of $2,500 or more. Additionally, some state agencies have the authority to deny or revoke drivers’ and professional licenses for past-due child support obligations .
If your business requires employees to travel internationally or employs drivers, these laws could impact an employee’s ability to do his or her job effectively and, by extension, impact the efficiency of your business.
Another current area of focus that could impact employers is in the creditor garnishment arena. Currently, the American Payroll Association is working with the Uniform Law Commission to establish a standardized processing for creditor garnishments through the Uniform Wage Garnishment Act, which proposes to standardize the wage-garnishment process for employers, employees and creditors. Currently, state laws differ significantly in their requirements regarding wage garnishment, from the beginning to the end of the garnishment, and are often outdated. This means businesses that operate in multiple states must identify and abide by these different legal requirements, which can potentially lead to processing errors, confusion, inefficiency and noncompliance.
Companies can help manage these challenges if they become familiar with garnishment laws and guidance from agencies such as the Federal Office of Child Support Enforcement, develop reliable and timely procedures for garnishment processing and ensure that policies are administered fairly for all employees facing a wage garnishment.
It may be useful to develop tools, resources and strong contacts with agencies, courts and garnishors. Staying close to these agencies may help your business remain aware of major changes to wage garnishment laws.
Consider participating in state and federally initiated pilot projects. These programs are valuable opportunities to positively build relationships, influence initiatives and provide needed feedback. Make sure you have established a way to monitor legislation that could affect garnishment processing.
Other steps an employer can take include participating with committees, attending conferences regarding wage withholding, and leveraging other contacts you’ve developed with the agencies, those imposing wage garnishments, or other employers.
4. Paper processing is the not the only option.
A study by the ADP Research Institute revealed that 7.2 percent of employees had wages garnished in 2013. Keeping pace with the proper and timely processing of wage garnishments is challenging for many businesses.
As wage garnishment volumes and laws intensify, garnishment processors have the option to use electronic funds transfer, or EFT, to save time, increase efficiency, streamline processes and potentially reduce costs.
Currently, virtually every child support state agency has the ability to accept child support payments via EFT, and some have even mandated employers to send payments electronically. Some tax levy agencies, trustees and student loan agencies also are implementing electronic payment capabilities. In addition to business efficiencies, EFT enables greater security of personally identifiable information, such as Social Security numbers.
Minnesota has passed legislation requiring employers to electronically file their response to a state tax garnishment summons with the state tax agency, and Wayne County Court in Michigan is piloting the option of electronic responses.
Electronic income withholding orders are already very popular. These enable states to electronically distribute income withholding orders and employers to electronically accept or reject them.
Clearly, wage garnishment can have a profound effect on the employee who is being garnished, as well as the employer who must implement the garnishment. It’s important for businesses of all sizes to understand the different types of wage garnishment, familiarize themselves with the laws governing them, and learn ways to accurately and efficiently process them.
Using best practices can help streamline an employer’s responsibilities and ease the potential anxiety an employee may feel with this sometimes-necessary workforce issue.
Julie Farraj is vice president of Garnishment Services for ADP Added Value Services. Comment below or email [email protected].
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Wage Assignment: Understanding Types and Real-life Scenarios
Last updated 04/16/2024 by
Fact checked by
Understanding wage assignment
How wage assignment operates, voluntary wage assignment, involuntary wage assignment, legal implications and considerations, regulations and protections, pros and cons of wage assignments.
- Facilitates debt repayment
- May prevent further legal actions
- Structured repayment process
- Reduction in take-home pay
- Potential negative impact on credit
- Legal constraints and limitations
Wage assignment in loan repayment
Wage assignment in child support cases, effects of wage assignment on credit, state-specific wage assignment regulations, florida wage assignment regulations, texas wage assignment limitations, frequently asked questions, is wage assignment the same as wage garnishment, can an employer refuse a wage assignment request from an employee, what legal protections exist for employees regarding wage assignments, can wage assignments be stopped or modified once initiated, do all types of debts qualify for wage assignment, key takeaways.
- Wage assignment involves deducting money from an employee’s paycheck to repay debts.
- It can be voluntary or involuntary, with distinct legal implications.
- State laws govern wage assignments, setting limits on garnishments and durations.
- Employees and employers should understand their rights and obligations regarding wage assignments.
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COMMENTS
State laws govern how soon a wage assignment can take place and how much of your paycheck a lender can take. For example, in Illinois, you must be at least 40 days behind on your loan payments before your lender can start a wage assignment. ... The main difference between the two is that wage assignments are voluntary while wage garnishments ...
Garnishments filed in Claims Court cases require a filing fee of approximately $15.00. Indiana now recognizes Voluntary Wage Assignments, which are to be signed by the debtor and the creditor, or the creditor's attorney, and submitted to the employer. 16. Iowa Wage Garnishment . Garnishments last for seventy days.
Wage garnishments do not include voluntary wage assignments - that is, situations in which employees voluntarily agree that their employers may turn over some specified amount of their earnings to a creditor or creditors. ... or to debts due for federal or state taxes. If a state wage garnishment law differs from Title III, the law resulting ...
Furthermore, because wage assignments are not technically considered garnishment under federal law, an employer can lawfully terminate an employee for a single garnishment based on a voluntary wage assignment. Put another way, the anti-termination protections of federal law do not apply to wage assignments. State Law Limitations on Wage Assignments
Voluntary wage assignment's (VWA's), while legal under federal law, are not wage garnishments (a wage garnishment is the formal process of deducting wages after a court order has been awarded). A VWA is an employee's voluntary agreement to allow their employer to turn over a specified amount of the employee's wages to a creditor.
Here are three things to consider when conducting those audits. 1. Compliance. Wage assignments and wage garnishments differ in many ways. In fact, a wage assignment is not a garnishment. A wage assignment is a voluntary agreement between the employee and creditor where an amount is withheld from the employee's paycheck to satisfy a debt owed ...
How wage assignments are regulated varies by state, with some states even allowing for voluntary child support agreements. A wage garnishment is an involuntary deduction and requires a court order ...
Wage assignment occurs when an employee voluntarily agrees to have money withheld from his or her wages. Wage assignments are governed by state law and do not involve a court order. Since they are voluntary and the employee specifies the amount to withhold, they do not fall under the requirements of the Federal Consumer Credit Protection Act.
Wage assignment involves deducting money from an employee's paycheck to repay debts. It can be voluntary or involuntary, with distinct legal implications. State laws govern wage assignments, setting limits on garnishments and durations. Employees and employers should understand their rights and obligations regarding wage assignments.
§ 8.13 Voluntary Wage Assignment § 8.14 Improper Attempts to Collect Debt. Chapter 9 STATE CREDITOR DEBT GARNISHMENT, TAX LEVY, AND WAGE ASSIGNMENT § 9.01 Introduction § 9.02 State Matrices § 9.03 Alabama § 9.04 Alaska § 9.05 Arizona § 9.06 Arkansas § 9.07 California § 9.08 Colorado § 9.09 Connecticut § 9.10 Delaware § 9.11 ...
Fine Print Of Illinois Wage Assignments An Assignment Of Wages Earned Or To Be Earned Is Valid When: (1) Made in a written instrument (a) signed by the wage-earner in person and (b) bearing the date of its execution, the social security number of the wage-earner, the name of the employer of the wage-earner at the time of its execution, the amount of the money loaned or the price of the ...
Wage deductions can be voluntary or involuntary. There is also a distinction between a wage assignment and a wage garnishment. An wage assignment is typically something that is voluntary. It does not occur frequently. A wage garnishment implies that a portion of the employee's wages is going to someone else. Usually, wage garnishments are not ...
Title III's restrictions on the amount of wages that can be garnished do not apply to certain bankruptcy court orders or debts due for Federal or state taxes. Nor do they affect voluntary wage assignments, i.e., situations where workers voluntarily agree that their employers may turn over a specified amount of their earnings to a creditor or ...
Washington follows federal wage garnishment laws, which allow up to 25% of disposable earnings to be garnished, or the amount by which disposable earnings exceed 35 times the state minimum wage, whichever is less. Arizona: Wages and eamings are garnishable. 25% of the statutory net disposable earnings of debtor. Court may reduce to as low as 15%
Amount of a Wage Assignment. The creditor may take from your paycheck whichever amount is less between the following two options: 15% of your total wages, salary, commission, and bonuses for any workweek; or. The amount your take-home pay (after taxes and other withholdings) for a week is over $630 (which is 45 times the 2024 state minimum ...
Voluntary wage assignments elected by the employee, such as those for medical insurance or pre-tax benefits programs, are not considered wage garnishments. ... Wage garnishment rates vary from state to state. Consumer Debt: Wage garnishment depends on an employee's income and pay schedule with a 25% maximum.
This section helps HR and payroll professionals comply with federal laws governing voluntary and involuntary wage deductions, such as wage assignments, garnishment and child support orders, ... In addition to making required deductions from employees' wages for federal, state and local taxes, there are many other types of payroll deductions ...
your weekly disposable earnings less 50 times the minimum hourly wage of the highest minimum wage law in the state at the time the earnings are payable, or; 15% of your weekly disposable earnings. (Wash. Rev. Code § 6.27.150). For consumer debt, the lesser of: your weekly disposable earnings less 35 times the state minimum hourly wage, or
A wage assignment is a voluntary agreement that allows creditors to collect money directly from an employee's paycheck to repay a debt. Wage garnishments are used to repay various debt obligations such as taxes, child support, or loans. State laws regulate the conditions and limitations for wage assignments.
A voluntary wage assignment is an agreement between a debtor and a creditor which allows an amount to be deducted from the borrower's wages to repay a debt. When a loan is in default, a signed wage assignment form is sent to the borrower's employer requesting the company begin withholding an agreed amount from their wages and remit this ...
Deductions for voluntary wage assignments, i.e., for things that benefit the employee, may take an employee's wages below minimum wage, provided the employer does not profit thereby (includes such things as employee contributions to a health or retirement plan (see 29 C.F.R. 531.40(c)) and FOH, Section 30c10(a)).
Signing a voluntary wage assignment can place you and your family in dire straits, if the lender garnishes wages that you need for your mortgage/rent, food and medical care. If you have signed a voluntary wage garnishment, you can revoke the agreement by sending the lender a letter. Remember, Payday Loans are Dischargeable in Bankruptcy.
Voluntary Wage Assignments. Loans and Wage Advances. Vacation Pay Advances. Uniforms and Uniform Cleaning Costs. Employee-Owed Payroll Taxes. Union Dues. Court-Ordered Garnishments or Statutorily-Required Wage Attachments. Cash Shortages Due to Misappropriation. Focus on Misappropriation Deductions. Miscellaneous FLSA Deduction Problems