What Is A Wage Garnishment? - 0 views
started by Whitaker Morgan on 13 May 13
started by Whitaker Morgan on 13 May 13
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A wage garnishment is a legal process whereby a proportion of a earnings are withheld by an employer for the payment of a debt. Most salary garnishments are made by court order. Other types of wage garnishments are of legal or open methods made by the IRS or state tax collection agency terms for unpaid taxes and federal agency administrative garnishments for non-tax debts owed to the file bankruptcy federal government.
Voluntary wage garnishments were not included by wage garnishments. Some debtor's may possibly voluntarily consort with their employers to turn read about salinas bankruptcy attorneys over a specified amount of their profits to a lender to absolve the debt voluntarily, without the usage of a court order.
The Wage and Hour Division of the Department of Labor's Employment Standards Administration has allocated Title III of the Consumer Credit Protection Act (CCPA) to reduce the total amount of an earnings that are garnished and shields employee's from losing their jobs if their wages are garnished for only one debt.
Title III of the CCPA is added in all 50 states, including the District of Columbia, and all U.S. territories and possessions. It is a law that protects everybody who receives personal earning and profits, e.g. Earnings, earnings, commissions, bonuses or earnings from the pension or retirement plan. The CCPA also prohibits an employer from discharging a worker whose wages are garnished for almost any one debt, regardless of the number of levies made or attempts made to collect that debt, due to one individual wage garnishment. The CCPA does not prohibit discharging an employee stop wage garnishment when an employee's earnings are independently garnished for 2 or more debts owed.
The amount of pay at the mercy of wage garnishment is founded on the employee's disposable earnings. This is the level of pay left over all things considered legally required deductions are created, e.g. regional, state and federal taxes, State Unemployment Insurance, Social Security or some other withholdings for employee retirement programs required legally.
Deductions that are not required legally and that may not be deducted from gross earnings when calculating disposable earnings under the CCPA are: voluntary wage breaks, marriage fees, health and life insurance, charitable contributions, savings bonds, recommended pension programs, reimbursements to employers for paycheck developments or product.
Title III of the CCPA sets a maximum amount that could be garnished in virtually any pay period, it doesn't matter how many wage garnishment requests are received by the employer. For typical wage garnishments, excluding those for son or daughter support, alimony, bankruptcy, or any state or federal tax, the weekly amount may well not exceed 25% of the employee's disposable earnings or by the amount by which an disposable earnings are greater than 30 times the federal minimum wage. In case a state wage garnishment law differs from the CCPA, the law leading to small wage garnishment must certanly be observed.Stephen H. Kim, Attorney at Law
376 Main St
Salinas, CA 93901
(831) 221-5022
http://stephenkim.com