Wage garnishment is a legal procedure in which a persons earnings are required by court order to be withheld by an employer for the payment of a debt. It is a method of debt collection in which part of an employees earnings are withheld each pay period and used to pay back creditors. A wage garnishment is typically initiated through a court order or government agency action that requires an employer to withhold a percentage of an employees compensation. The third party that is often directed to collect funds from a defendant to fulfill certain financial obligations or debts is an employer, and the defendant is an employee.
The most common wage garnishment in the United States is child support, but other examples include student loans, tax levies, and other consumer debts such as credit card debt or an auto loan. Employers generally must begin garnishing wages as soon as they receive an order to do so from a court or agency, and employees can contest the garnishment, but employers must continue to comply with the original order until they are told otherwise by the court or agency that issued it.
When employers receive a garnishment order, they typically withhold a percentage of an employee’s compensation or a fixed dollar amount, and this procedure can be highly complex because each garnishment has its own set of rules for implementation and reporting. The regulations surrounding garnishment can be complicated and vary widely by state, so it’s best to seek expert legal guidance for your situation.
In summary, wage garnishment is a legal procedure in which a persons earnings are required by court order to be withheld by an employer for the payment of a debt, and it is typically initiated through a court order or government agency action. Employers must comply with the original order until they are told otherwise by the court or agency that issued it, and the regulations surrounding garnishment can be complicated and vary widely by state.