Revealing The Truth Behind The Garnishment Laws

Posted by Nick Niesen on November 8th, 2010

Garnishment law has been in force to improvise the mode of collection of payment for the money due towards the federal government or any other creditor. Garnishment law also states wage garnishment according to which the money is deducted directly from the person?s salary after assessing the monthly expenses vis-à-vis monthly income.

Garnishment law can be levied by any agency and is not limited to the IRS. Any private creditor, federal government department, or even an ex-spouse can claim garnishment of the money overdue. Garnishment law can also be enacted towards the child support expenses. But for all agencies apart from the government department a court order is required to enforce the garnishment law.

Garnishment is taken as a part of payroll process. If the person is unable to pay the amount due as credit then the correct order for collecting the money has been stipulated in the garnishment law. According the garnishment law, the garnishment due to towards the federal government is to be collected first. Thereafter the money due towards state tax or local tax garnishment and lastly garnishment for credit cards falls in order.

Garnishment law in some states like Pennsylvania, North Carolina, Texas, etc do not allow wage garnishment at all except those related to taxes, child support, court order fines, federally-guaranteed student loans, etc. some states allow all kinds of garnishments even those levied by the private creditors. In some states garnishment law states maximum 25% of the disposable earnings to be levied as amount due towards payment.

Garnishment law also states types of garnishment law called as attachment. According to attachment the garnishee needs to hand over all the money or property during the service of process of the court. This type of garnishment as stated in the garnishment law is required only against institutions like banks, or other companies that face liquidated obligations in the regular course of the business.

The money withheld from any individual?s paycheck is handed over to the creditor or the agency towards which the amounts is due. Therefore it is suggested that while filing returns one must include the amount garnished from the wages. The garnishment law authorizes the pay of active, retired or reserve personnel to be garnished towards child or spouse support. As per the garnishment law, the garnishment says in effect until the total amount due towards the federal government of the agency is paid up or until the IRS department releases the garnishment.

According the wage garnishment law an individual?s salary, wages, or other income can be levied. It prevents the employee to be fired from the job in hand. If the employer fires the employee because of garnishment proceedings, then it is violation of garnishment law. Also the employer can be fined for the same. The Wage and Hour division of the Department of Labor determines the violation of the law. The IRS does not do this job.