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Related to garnishments: Wage Garnishments


The withholding of a person's full salary or wages, especially in order to pay a creditor or the tax agency. For example, suppose one's regular paycheck would be $1500. Garnishment occurs when the person receives a check for only $1050 because the government is withholding $450 for taxes. Garnishment may also occur for other reasons, such as to pay child support, back taxes, or some debts.


A process involving three parties:

• Judgment creditor. The party who takes a judgment against a debtor (can also be the IRS or a state's Department of Revenue).

• Judgment debtor. The party who owes the debt.

• Garnishee A party who owes money or holds property belonging to the judgment debtor.

In this legal process, the judgment creditor obtains a court order requiring the garnishee to turn over funds or property to the judgment creditor instead of to the true owner, the judgment debtor. The most common garnishments are against employers, requiring them to withhold a portion of wages and salary and pay it to the creditor rather than to the employee. The second most common garnishment is against a bank, ordering it to turn over bank account funds to the judgment creditor or the IRS.

References in periodicals archive ?
The study also introduces a new metric useful to employers: average number of wage garnishments per employee.
Bruce Berlinger appealed an order of the trial court granting Roberta Casselberry's motion for contempt and motion for a continuing writ of garnishment over any disbursements made from the Berlinger Discretionary Trusts to or for tire benefit of Berlinger.
A final problem was that garnishments in at least six states captured future deposits needed to satisfy the debt, not just what was in the account when the bank received the garnishment order.
She also noted that "because attorneys and their trust accounts are subject to the same provisions of the garnishment statute as any other bank or nonbank garnishee, we cannot discern a principled basis for holding that funds located in an attorney's trust account warrant any greater protection from creditors than funds located in the client's personal account.
ISSUE: It may surprise many to learn that if an employee has his wages attached or garnished, and his employer, having been duly served with a writ of attachment or garnishment, fails to timely file the necessary affidavit as to the amount of wages on hand at the time of the service of process, the employer can be held responsible for the total amount unpaid on the judgment.
Thigpen was able to get the default judgment set aside--not canceled--on grounds of excusable neglect and mistaken identity, thereby blocking the wage garnishment until the mother and child settled the question once and for all by checking their DNA against Pierce's.
All of these individuals received two letters before the garnishments began, warning them that they could face civil penalties of $250 for failure to file.
The PEO becomes the legal employer of record for payroll purposes, shouldering all the withholding responsibilities, including not only taxes but also garnishments, court orders and child support.
Yet, there are no provisions on the books protecting workers after subsequent garnishments.