Understanding Wage Garnishment

A wage garnishment is a legal procedure throughand incomes, e.g. wages, salaries, commissions,
which a percentage of a person's earnings arebonuses or earnings from a pension or retirement
withheld by an employer for the payment of aplan. The CCPA also forbids an employer from
debt. Most wage garnishments are made by courtdischarging an employee whose wages are
order. Other types of wage garnishments are ofgarnished for any one debt, regardless of the
legal or open procedures made by the IRS ornumber of levies made or attempts made to
state tax collection agency levies for unpaid taxescollect that debt, because of one single wage
and federal agency administrative garnishmentsgarnishment. The CCPA does not forbid
for non-tax debts owed to the federaldischarging an employee when an employee's
government.wages are separately garnished for two or more
Wage garnishments do not include voluntary wagedebts owed.
garnishments. Some debtor's may voluntarilyThe amount of pay subject to wage garnishment
consort with their employers to turn over ais based on the employee's disposable wages. This
specified amount of their earnings to a creditor tois the amount of pay left over after all legally
absolve the debt voluntarily, without the use of arequired deductions are made, e.g. federal, state
court order.and local taxes, State Unemployment Insurance,
The Wage and Hour Division of the DepartmentSocial Security or any other withholdings for
of Labor's Employment Standards Administrationemployee retirement systems required by law.
has dispensed Title III of the Consumer CreditDeductions that are not required by law and that
Protection Act (CCPA) to limit the amount of anmay not be subtracted from gross earnings when
employee's earnings that are garnished andcalculating disposable earnings under the CCPA are:
protects employee's from losing their jobs if theirvoluntary wage deductions, union dues, health and
wages are garnished for only one debt.life insurance, charitable contributions, savings
Title III of the CCPA is enforced in all 50 states,bonds, optional retirement plans, reimbursements
including the District of Columbia, and all U.S.to employers for payroll advances or
territories and possessions. This is a law thatmerchandise.
protects everyone who receives personal earning