Can you Garnish Wages for Debts in Pennsylvania?
Wage garnishment is a legal process by which a creditor (that is, someone who is owed money) collects that money directly from a debtor’s employer. The employer, when sending out its payroll through paycheck or direct deposit, is required by law to pay part of the check to the creditor directly if they have been served with an order for garnishment.
Wages can be garnished for things like unpaid taxes, a loan, or child support. Despite the name, wage garnishment doesn’t just apply to wages: garnishment can extend to a debtor’s earnings. Earnings include all kinds of payments, ranging from sign-on bonuses to severance pay. A complete list of what a debtholder can garnish may be found on the Department of Labor’s website. It should be noted that there are caps on the amount of earnings that may be garnished. Generally, an employee’s disposable earnings cannot be garnished by more than 25%.
In Pennsylvania, a debtor’s earnings can be garnished for all sorts of debt: back rent for residential properties, child and spousal support, divorce distributions, taxes, student loans, costs, fines, bail judgments, and restitution to criminal victims. Notably missing from this list, however are consumer debts such as personal loans, credit card debt, auto loans, payday loans, defaulted mortgages, and debt from medical bills.
For the most part, a person seeking to garnish an employee’s wages must obtain a proper court order (public student loan debt, income taxes, and child support are exceptions to this rule, and garnishment can begin without needing to obtain a court order). Once the creditor obtains this order, they must file a Writ of Execution with the sheriff in the debtor’s county. The sheriff then must notify the employee that their wages are going to be garnished. Following this, the debtor’s employer must send an official acknowledgement that they will comply with the garnishment order.
If the employer fails to comply with this order, the employer can have joint liability for the part of the employee’s debt they do not pay. The debtor may then seek to file an exemption from garnishment; if the debtor is successful, this exemption can be appealed. If the court denies the debtor this exemption, then the employer will be notified to begin wage garnishment. Once the debtor pays off the full amount, the person who initially sought garnishment must file a second Writ of Execution. Once this is filed, the sheriff will notify the employer that wage garnishment has been completed and that earning reductions should cease.
As you can see, the process of garnishing wages or defending against garnishment is complicated, and an attorney’s help is vital. If you’re seeking to recover a debt or defend against a wrongful garnishment, call the attorneys at Cornerstone Law Firm so we can help you understand your rights. We can assist you as you navigate the judicial proceedings required in this important area of law.
