What Is Wage Garnishment and How Does It Work?

Wage garnishment is a legal process requiring an employer to send money to a third party you owe. This method is often used to collect back taxes, child support, and other debts. In most cases, the employer must follow a court order, which specifies how much money the party owes you. When the wage garnishment payroll is successful, the money is taken directly from your paycheck.

Disposable Earnings

Disposable earnings are a person’s pay after deductions for federal income tax, Social Security, Medicare, state and local taxes, and mandatory payments to public employee retirement systems. In addition to mandatory deductions, voluntary wage assignments, union dues, health insurance coverage, and contributions to charitable causes. The number of disposable earnings is also affected by employee pay rate changes.

The maximum portion of a wage earner’s disposable earnings that can be garnished varies by state. It can range from fifteen percent to sixty-five percent. In addition, garnishment can be triggered by a support order that requires payments to a dependent spouse or child. Other reasons for wage garnishment include delinquent personal loans, rent, and credit card debt. 

While wage garnishment may seem unfair, it is a legal process. A creditor must first file a court order before they can garnish a worker’s wages. The court will then issue a garnishment notice and direct it to the employee’s employer. The employer must then calculate an employee’s disposable earnings before withholding them. The employer may be liable for the debt if the amount is wrong.

Limits on the Number of Wages 

The IRS has certain limits regarding the number of wages that can be withheld. The maximum amount for any period is 25 percent of net disposable pay. Deductions more than that are not allowed unless the employee is expected to return the amount within a reasonable time after the termination of employment.

In general, there are two types of garnishments: those that are voluntary and those that are mandated by law. Ordinary garnishments cannot exceed 25% of an employee’s disposable earnings and can’t exceed 30 times the federal minimum wage.

Employers are generally required to pay employees at least once per month but may pay hourly workers twice a month. However, if the withholding amount falls below the federal or state minimum wage, the employer must notify the affected employee in writing.

Exemptions From Wage Garnishment

Exemptions from wage garnishment are a legal protection for your income that prevents creditors from seizing certain kinds of income or more than a certain percentage of your earnings. These protections are meant to protect your payments in times of financial difficulty, but each state has different rules. If you’re concerned about being garnished, read about your options.

If you are the head of the household, you can file an exemption for your wages. This exemption protects your income from being seized, as the head of the household is responsible for at least half of the household’s support. If you have dependents, it’s also possible that you’ll get a court order limiting the number of wages garnished.

In addition to federal protections, some provinces also have exemptions for low-income residents. 

Effect on Credit Score

Wage garnishment is a process that allows creditors to seize a person’s wages if they cannot pay a debt. While the IRS does not report these actions to credit bureaus, they will appear on a person’s credit report. However, it does impact a person’s credit score because the garnishment judgment remains on their report for seven years. Fortunately, there are several ways to bolster your credit score after a garnishment.

The first step to take is to dispute the garnishment. While garnishment is emotionally and financially difficult, it can motivate you to pay off your debt. In addition, the three major credit bureaus have agreed to remove tax liens and civil judgments from public records. So, if you have a wage garnishment on your credit report, you can dispute it.

Another way to fight wage garnishment is to contact your creditors. You can ask for a repayment plan that will stop the wage garnishment. If you are unsuccessful, you can try to negotiate a settlement amount. However, if you have a history of avoiding payments, the creditors may not be interested in working with you.