| Recently, I've had several calls to my office about | | | | the hands of your employer. |
| Garnishment of Wages, so perhaps a short article | | | | Many of the inquiries that I receive at my office |
| is in order. Wage Garnishment is a legal procedure | | | | are regarding credit card collections and |
| in which a person's earnings are required by court | | | | garnishment of wages. Except under very limited |
| order to be withheld by an employer for the | | | | or special circumstances, in Pennsylvania, an |
| payment of a debt. The key to the preceding | | | | ordinary creditor cannot garnish your wages on a |
| statement is the term "court order". A | | | | Pennsylvania case. This does not mean that the |
| garnishment of wages cannot occur without a | | | | money that you earn cannot ever be garnished. |
| judge agreeing to the garnishment. This means | | | | There is a distinction here that must be made. |
| that some type of court action must occur. The | | | | Once the money is earned and deposited into |
| creditor cannot merely attach or garnish your | | | | your bank account, the monies are no longer |
| account without due process of law. | | | | wages. Those funds become part of the corpus |
| In Pennsylvania, where I practice law, a | | | | of your bank account and are subject to |
| Garnishment of Wages can occur only under | | | | garnishment. If a creditor is privy to your banking |
| limited circumstances. The most prevalent | | | | information AND if they have obtained a |
| circumstance is for an obligation of child or spousal | | | | judgment against you, they will be able to garnish |
| support. Garnishment is usually very easy to | | | | the funds in your bank account, even if those |
| procure under those types of matters. Other | | | | funds were at one time wages. This type of |
| circumstances where garnishment of wages can | | | | "regular" garnishment does not require a court |
| occur include repayment of PHEAA student loans, | | | | order, but instead requires the creditor to obtain a |
| room and board for four weeks or less and | | | | judgment against you in a court of law. After a |
| obligations relating to a final divorce distribution. In | | | | judgment is obtained, a creditor can commence |
| PA, these are just about the only instances when | | | | garnishment proceedings by applying for a Writ of |
| your wages can be garnished while they are in | | | | Execution. |