Garnishment (2024)

Wage garnishment is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt such as child support. Title III of the Consumer Credit Protection Act (CCPA) prohibits an employer from discharging an employee whose earnings have been subject to garnishment for any one debt, regardless of the number of levies made or proceedings brought to collect it.

Title III protects employees from being discharged by their employers because their wages have been garnished for any one debt and limits the amount of employees' earnings that may be garnished in any one week. It does not, however, protect an employee from discharge if the employee's earnings have been subject to garnishment for a second or subsequent debts.

Title III applies to all individuals who receive personal earnings and to their employers. Personal earnings include wages, salaries, commissions, bonuses, and income from a pension or retirement program, but does not ordinarily include tips.

Webpages on this Topic

Wage Garnishment - Information on wage garnishment from the Wage and Hour Division.

Garnishment (2024)

FAQs

Garnishment? ›

A garnishment is an order directing a third party to seize assets, usually wages from employment or money in a bank account, to settle an unpaid debt. The IRS may garnish wages without a court order.

What is a garnishment of money? ›

Garnishment refers to a court ordered process for collecting on a judgment, which takes money directly from the defendant's wages or other third party who owes the defendant a debt.

What does it mean to garnish wages? ›

Wage garnishment is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt such as child support.

What does it mean to be garnished? ›

: to add decorative or savory touches to (food or drink) garnished the fish with parsley leaves. 2. : to equip with accessories : furnish. 3.

How bad is a garnishment? ›

Garnishment is primarily a reduction of income, which can be burdensome for those already struggling to make ends meet. The garnishment doesn't just hurt your budget, but it can also drag down your credit scores.

Can you stop a garnishment once it starts? ›

You can stop a garnishment by: Paying off the debt in full. Filing an objection to the garnishment with the court if you have legal basis, such debt was a result of fraud or identity theft. Filing for court protection and debt resolution through Chapter 13 or Chapter 7 bankruptcy.

How fast can a garnishment be stopped? ›

Some employers have stopped wage garnishments upon the filing of the bankruptcy case, however, most will want something from the sheriff's department to stop it. Once all the factors are taken into account, it takes about 7 days to 4 weeks to release a wage garnishment after it is filed.

Can I quit my job to avoid wage garnishment? ›

There are several options for stopping a wage garnishment. One, you can quit your job. Your creditor won't get your money, but neither will you. Two, you can pay the debt in full.

Can you be garnished twice for the same debt? ›

It is not legal for your wages to be garnished twice by two different employers for the same debt. This is known as double-dipping and it is not allowed by law. The court and/or IRS should provide you with an itemization of the alleged debt so that you can determine if it is accurate and why you owe it.

What happens when a garnishment is paid in full? ›

The creditor should notify your employer when the debt is repaid and you should start receiving your regular paycheck again. If this does not happen and money is still being withheld from your paycheck, then you should make sure the creditor notifies the employer.

Does being garnished help your credit? ›

By the time wage garnishment happens, your credit score may already be significantly impacted. This is due to the fact that payment history makes up a large portion of your credit score, so missing payments that lead to wage garnishment most probably knocked down your credit score.

What is an example of a garnish? ›

Simple garnishes such as chopped herbs, decoratively cut lemons, parsley and watercress sprigs, browned breadcrumbs, sieved hard-cooked eggs, and broiled tomatoes are appropriate to a wide variety of foods; their purpose is to provide contrast in colour, texture, and taste, and to give a finished appearance to the dish ...

What is a sentence for garnished? ›

The fish was garnished with parsley leaves.

What money Cannot be garnished? ›

Some sources of income are considered protected in account garnishment, including: Social Security, and other government benefits or payments. Funds received for child support or alimony (spousal support) Workers' compensation payments.

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