garnishment

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Related to garnishments: Wage Garnishments

Garnishment

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.

garnishment

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 ?
This is because the account was closed three days before the writ of garnishment was served on the bank.
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."
Specific data on student loans and garnishment is not available; however, if the current restrictions are significant for lenders, we might expect to see higher borrowing costs for students.
For example, the law authorizes deductions from an employee's pay when it is legally required, such as for taxes or money to satisfy a garnishment or child support order.
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.
By that time, James had missed all the relevant deadlines, the court was unimpressed with his tale of woe, and he has since coughed up $14,000 in child support via liens and garnishments.
Other additions to pay and deductions may include vacation pay, union dues, 401K plans, health insurance and garnishments. Some deductions, such as FICA, state unemployment and 401K deductions have yearly maximums.
Other laws prohibit employers from freely using information about bankruptcies, wage garnishments, or other legal liabilities.