SlideShare a Scribd company logo
1 of 2
How to Stop Wage Garnishment
Each state has its own debt collection laws with respect to how much and when your paycheck or your bank account can be
garnished. The federal law, however, has set minimum guidelines that state debt collection laws cannot infringe upon.
301. Findings and purpose.
302. Definitions.
303. Restriction on garnishment.
304. Restriction on discharge from employment by reason of garnishment.
305. Exemption for State-regulated garnishments.
306. Enforcement by Secretary of Labor.
307. Effect on State laws.


§ 301. Findings and purpose
(a) The Congress finds:(1) The unrestricted garnishment of compensation due for personal services encourages the making
of predatory extensions of credit. Such extensions of credit divert money into excessive credit payments and thereby hinder
the production and flow of goods in interstate commerce.(2) The application of garnishment as a creditors' remedy
frequently results in loss of employment by the debtor, and the resulting disruption of employment, production, and
consumption constitutes a substantial burden on interstate commerce.(3) The disparities among the laws of the several
States relating to garnishment have, in effect, destroyed the uniformity of the bankruptcy laws and frustrated the purposes
thereof in many areas of the country.(b) On the basis of the findings in subsection (a) of this section, the Congress
determines that the provisions of this title are necessary and proper for the purpose of carrying into execution the powers of
the Congress to regulate commerce and to establish uniform bankruptcy laws.
§ 302 Definitions
For the purposes of this title:
(a) The term "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary,
commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program.
(b) The term "disposable earnings" means that part of the earnings of any individual remaining after the deduction from
those earnings of any amounts required by law to be withheld.
(c) The term "garnishment" means any legal or equitable procedure through which the earnings of any individual are
required to be withheld for payment of any debt.
§ 303. Restriction on garnishment
(a) Except as provided in subsection (b) and in section 305, the maximum part of the aggregate disposable earnings of an
individual for any workweek which is subjected to garnishment may not exceed
(1) 25 per centum of his disposable earnings for that week, or
(2) the amount by which his disposable earnings for that week exceed -thirty times the Federal minimum hourly wage
prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 in effect at the time the earnings are payable,
whichever is less.


In the case of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple
of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph (2).(b)(1) The restrictions of
subsection (a) do not apply in the case of
(A) any order for the support of any person issued by a court of competent jurisdiction
or in accordance with an administrative procedure, which is established by State law, which
affords substantial due process, and which is subject to judicial review.
(B) any order of any court of bankruptcy under chapter XIII of the Bankruptcy Act.
(C) any debt due for any State or Federal tax.
(2) The maximum part of the aggregate disposable earnings of an individual for any work week which is subject to
garnishment to enforce any order for the support of any person shall not exceed
(A) where such individual is supporting his spouse or dependent child (other than a
spouse or child with respect to whose support such order is used), 50 per centum of such
individual's disposable earnings for that week; and
(B) where such individual is not supporting such a spouse or dependent child
described in clause (A), 60 per centum of such individual's disposable earnings for that
week; except that, with respect to the disposable earnings of any individual for any workweek, the50 per centum specified
in clause (A) shall be deemed to be 55 per centum and the 60centum specified in clause (B) shall be deemed to be 65 per
centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a
period which is prior to the twelve-week period which ends with the beginning of such workweek.
(c) No court of the United States or any State, and no State (or officer or agency thereof), may make, execute, or enforce
any order or process in violation of this section.
§ 304. Restriction on discharge from employment by reason of garnishment
(a) No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment
for any one indebtedness.
(b) Whoever willfully violates subsection (a) of this section shall be fined not more than $1,000,or imprisoned not more than
one year, or both.
§ 305. Exemption for State-regulated garnishments
The Secretary of Labor may by regulation exempt from the provisions of section 303(a)and (b)(2) garnishments issued
under the laws of any State if he determines that the laws of that State provide restrictions on garnishment which are
substantially similar to those provided in section 303(a) and (b)(2).
§ 306. Enforcement by Secretary of Labor
The Secretary of Labor, acting through the Wage and Hour Division of the Department of Labor, shall enforce the provisions
of this title.
§ 307. Effect on State Laws
This title does not annul, alter, or affect, or exempt any person from complying with, the laws of any State(1) prohibiting
garnishments or providing for more limited garnishments than are allowed under this title, or(2) prohibiting the discharge of
any employee by reason of the fact that his earnings have been subjected to garnishment for more than one indebtedness
SSR 79-4
Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or other legal process, or
from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject: (1) to the authority of
the Secretary of the Treasury to make levies for the collection of delinquent Federal taxes and under certain circumstances
delinquent child support payments; and (2) to garnishment or similar legal process brought by an individual to enforce a
child support or alimony obligation.

More Related Content

What's hot

California Discovery Law: Why Requests for Production of Documents may not be...
California Discovery Law: Why Requests for Production of Documents may not be...California Discovery Law: Why Requests for Production of Documents may not be...
California Discovery Law: Why Requests for Production of Documents may not be...Scott A McMillan
 
Sample letters to remove inquiries
Sample letters to remove inquiriesSample letters to remove inquiries
Sample letters to remove inquiriesmortgagecalculator01
 
Sample debt validation letter to collection agency
Sample debt validation letter to collection agencySample debt validation letter to collection agency
Sample debt validation letter to collection agencyLegalDocsPro
 
Sample trial brief for california divorce
Sample trial brief for california divorceSample trial brief for california divorce
Sample trial brief for california divorceLegalDocsPro
 
Motion to Schedule Trial (Speedy Trial Rights)
Motion to Schedule Trial (Speedy Trial Rights)Motion to Schedule Trial (Speedy Trial Rights)
Motion to Schedule Trial (Speedy Trial Rights)Rich Bergeron
 
Sample dispute letter to credit bureau under Fair Credit Reporting Act
Sample dispute letter to credit bureau under Fair Credit Reporting ActSample dispute letter to credit bureau under Fair Credit Reporting Act
Sample dispute letter to credit bureau under Fair Credit Reporting ActLegalDocsPro
 
11. WAPDA Rules 4 Advances constr, purch of houses , plots 1967.DOC
11. WAPDA Rules 4 Advances constr, purch of houses , plots 1967.DOC11. WAPDA Rules 4 Advances constr, purch of houses , plots 1967.DOC
11. WAPDA Rules 4 Advances constr, purch of houses , plots 1967.DOCAli Asad Sahu
 
Sample student loan debt validation letter
Sample student loan debt validation letterSample student loan debt validation letter
Sample student loan debt validation letterLegalDocsPro
 
Affidavit in support of motion for summary judgment
Affidavit in support of motion for summary judgmentAffidavit in support of motion for summary judgment
Affidavit in support of motion for summary judgmentCocoselul Inaripat
 
SPECIAL IP/IP FUND TRANSFER
SPECIAL IP/IP FUND TRANSFER SPECIAL IP/IP FUND TRANSFER
SPECIAL IP/IP FUND TRANSFER navidkamrava
 
Letter of credit
Letter of creditLetter of credit
Letter of creditgetknow
 
Settlement agreement
Settlement agreementSettlement agreement
Settlement agreementMarkALeeser
 
Denial Management - Inclusive & Global
Denial Management - Inclusive & GlobalDenial Management - Inclusive & Global
Denial Management - Inclusive & GlobalLeanmedicalbilling
 
Barclays Bank London, Deutsche Bank AG Frankfurt BG and SBLC Available for lease
Barclays Bank London, Deutsche Bank AG Frankfurt BG and SBLC Available for leaseBarclays Bank London, Deutsche Bank AG Frankfurt BG and SBLC Available for lease
Barclays Bank London, Deutsche Bank AG Frankfurt BG and SBLC Available for leaseHansWippel
 
Free ebook credit-repair
Free ebook credit-repairFree ebook credit-repair
Free ebook credit-repairDordiong
 
scu-it-2 (貿易流程與付款方式的演變)
scu-it-2 (貿易流程與付款方式的演變)scu-it-2 (貿易流程與付款方式的演變)
scu-it-2 (貿易流程與付款方式的演變)Sally Kang
 
Sample motion for cost of proof sanctions in California
Sample motion for cost of proof sanctions in CaliforniaSample motion for cost of proof sanctions in California
Sample motion for cost of proof sanctions in CaliforniaLegalDocsPro
 
Writing Sample Goldman Motion to Quash Pleading
Writing Sample Goldman Motion to Quash PleadingWriting Sample Goldman Motion to Quash Pleading
Writing Sample Goldman Motion to Quash PleadingDavida Goldman
 

What's hot (20)

California Discovery Law: Why Requests for Production of Documents may not be...
California Discovery Law: Why Requests for Production of Documents may not be...California Discovery Law: Why Requests for Production of Documents may not be...
California Discovery Law: Why Requests for Production of Documents may not be...
 
Sample letters to remove inquiries
Sample letters to remove inquiriesSample letters to remove inquiries
Sample letters to remove inquiries
 
Sample debt validation letter to collection agency
Sample debt validation letter to collection agencySample debt validation letter to collection agency
Sample debt validation letter to collection agency
 
Sample trial brief for california divorce
Sample trial brief for california divorceSample trial brief for california divorce
Sample trial brief for california divorce
 
Motion to Schedule Trial (Speedy Trial Rights)
Motion to Schedule Trial (Speedy Trial Rights)Motion to Schedule Trial (Speedy Trial Rights)
Motion to Schedule Trial (Speedy Trial Rights)
 
Sample dispute letter to credit bureau under Fair Credit Reporting Act
Sample dispute letter to credit bureau under Fair Credit Reporting ActSample dispute letter to credit bureau under Fair Credit Reporting Act
Sample dispute letter to credit bureau under Fair Credit Reporting Act
 
Letter of credit
Letter of creditLetter of credit
Letter of credit
 
11. WAPDA Rules 4 Advances constr, purch of houses , plots 1967.DOC
11. WAPDA Rules 4 Advances constr, purch of houses , plots 1967.DOC11. WAPDA Rules 4 Advances constr, purch of houses , plots 1967.DOC
11. WAPDA Rules 4 Advances constr, purch of houses , plots 1967.DOC
 
Sample student loan debt validation letter
Sample student loan debt validation letterSample student loan debt validation letter
Sample student loan debt validation letter
 
The Mortgage Process
The Mortgage ProcessThe Mortgage Process
The Mortgage Process
 
Affidavit in support of motion for summary judgment
Affidavit in support of motion for summary judgmentAffidavit in support of motion for summary judgment
Affidavit in support of motion for summary judgment
 
SPECIAL IP/IP FUND TRANSFER
SPECIAL IP/IP FUND TRANSFER SPECIAL IP/IP FUND TRANSFER
SPECIAL IP/IP FUND TRANSFER
 
Letter of credit
Letter of creditLetter of credit
Letter of credit
 
Settlement agreement
Settlement agreementSettlement agreement
Settlement agreement
 
Denial Management - Inclusive & Global
Denial Management - Inclusive & GlobalDenial Management - Inclusive & Global
Denial Management - Inclusive & Global
 
Barclays Bank London, Deutsche Bank AG Frankfurt BG and SBLC Available for lease
Barclays Bank London, Deutsche Bank AG Frankfurt BG and SBLC Available for leaseBarclays Bank London, Deutsche Bank AG Frankfurt BG and SBLC Available for lease
Barclays Bank London, Deutsche Bank AG Frankfurt BG and SBLC Available for lease
 
Free ebook credit-repair
Free ebook credit-repairFree ebook credit-repair
Free ebook credit-repair
 
scu-it-2 (貿易流程與付款方式的演變)
scu-it-2 (貿易流程與付款方式的演變)scu-it-2 (貿易流程與付款方式的演變)
scu-it-2 (貿易流程與付款方式的演變)
 
Sample motion for cost of proof sanctions in California
Sample motion for cost of proof sanctions in CaliforniaSample motion for cost of proof sanctions in California
Sample motion for cost of proof sanctions in California
 
Writing Sample Goldman Motion to Quash Pleading
Writing Sample Goldman Motion to Quash PleadingWriting Sample Goldman Motion to Quash Pleading
Writing Sample Goldman Motion to Quash Pleading
 

Similar to Wage Garnishment Laws

40 4 minimum_wages_act
40 4 minimum_wages_act40 4 minimum_wages_act
40 4 minimum_wages_actAnkit Sachdev
 
2013 BB&K Labor & Employment Update: New Legislation - Public Employers
2013 BB&K Labor & Employment Update: New Legislation - Public Employers2013 BB&K Labor & Employment Update: New Legislation - Public Employers
2013 BB&K Labor & Employment Update: New Legislation - Public EmployersBest Best and Krieger LLP
 
provident fund act 1952
provident fund act 1952provident fund act 1952
provident fund act 1952Rohit Gada
 
NAHU Health Care Reform Timeline
NAHU Health Care Reform TimelineNAHU Health Care Reform Timeline
NAHU Health Care Reform Timelineprescottm
 
ER Presentation: Key Excerpts in legal Documents
ER Presentation: Key Excerpts in legal DocumentsER Presentation: Key Excerpts in legal Documents
ER Presentation: Key Excerpts in legal Documentsnmoyo1
 
Minimum wages act, 1948
Minimum wages act, 1948Minimum wages act, 1948
Minimum wages act, 1948Tanuj Poddar
 
PPP. Interim Final Rules (IFR) from SBA
PPP. Interim Final Rules (IFR) from SBAPPP. Interim Final Rules (IFR) from SBA
PPP. Interim Final Rules (IFR) from SBAGeorge Benaroya
 
CBIZ BFS Reprint - Executive Order for Payroll Tax Holiday Puts Employers in ...
CBIZ BFS Reprint - Executive Order for Payroll Tax Holiday Puts Employers in ...CBIZ BFS Reprint - Executive Order for Payroll Tax Holiday Puts Employers in ...
CBIZ BFS Reprint - Executive Order for Payroll Tax Holiday Puts Employers in ...CBIZ, Inc.
 
Gloucester County Admin Compensation Agreements 2013
Gloucester County Admin Compensation Agreements   2013Gloucester County Admin Compensation Agreements   2013
Gloucester County Admin Compensation Agreements 2013Chuck Thompson
 
Budget 2022 - Tax proposals.pptx
Budget 2022 - Tax proposals.pptxBudget 2022 - Tax proposals.pptx
Budget 2022 - Tax proposals.pptxSaravanaPrabhu34
 
Employee State Insurance Act, [ESI] 1948
Employee State Insurance Act, [ESI] 1948Employee State Insurance Act, [ESI] 1948
Employee State Insurance Act, [ESI] 1948Sunny Mervyne Baa
 
Collective bargaining plm
Collective bargaining plmCollective bargaining plm
Collective bargaining plmOmar Jacalne
 
Effect of GST on existing contracts
Effect of GST on existing contractsEffect of GST on existing contracts
Effect of GST on existing contractssandesh mundra
 

Similar to Wage Garnishment Laws (20)

Cal AB 5 - CHAPTER 296
Cal AB 5 - CHAPTER 296Cal AB 5 - CHAPTER 296
Cal AB 5 - CHAPTER 296
 
40 4 minimum_wages_act
40 4 minimum_wages_act40 4 minimum_wages_act
40 4 minimum_wages_act
 
2013 BB&K Labor & Employment Update: New Legislation - Public Employers
2013 BB&K Labor & Employment Update: New Legislation - Public Employers2013 BB&K Labor & Employment Update: New Legislation - Public Employers
2013 BB&K Labor & Employment Update: New Legislation - Public Employers
 
Wages
WagesWages
Wages
 
provident fund act 1952
provident fund act 1952provident fund act 1952
provident fund act 1952
 
Blurb on new 831(b) Provisions
Blurb on new 831(b) ProvisionsBlurb on new 831(b) Provisions
Blurb on new 831(b) Provisions
 
NAHU Health Care Reform Timeline
NAHU Health Care Reform TimelineNAHU Health Care Reform Timeline
NAHU Health Care Reform Timeline
 
ER Presentation: Key Excerpts in legal Documents
ER Presentation: Key Excerpts in legal DocumentsER Presentation: Key Excerpts in legal Documents
ER Presentation: Key Excerpts in legal Documents
 
Minimum wages act, 1948
Minimum wages act, 1948Minimum wages act, 1948
Minimum wages act, 1948
 
PPP. Interim Final Rules (IFR) from SBA
PPP. Interim Final Rules (IFR) from SBAPPP. Interim Final Rules (IFR) from SBA
PPP. Interim Final Rules (IFR) from SBA
 
Payment of wages_act
Payment of wages_actPayment of wages_act
Payment of wages_act
 
CBIZ BFS Reprint - Executive Order for Payroll Tax Holiday Puts Employers in ...
CBIZ BFS Reprint - Executive Order for Payroll Tax Holiday Puts Employers in ...CBIZ BFS Reprint - Executive Order for Payroll Tax Holiday Puts Employers in ...
CBIZ BFS Reprint - Executive Order for Payroll Tax Holiday Puts Employers in ...
 
Gloucester County Admin Compensation Agreements 2013
Gloucester County Admin Compensation Agreements   2013Gloucester County Admin Compensation Agreements   2013
Gloucester County Admin Compensation Agreements 2013
 
Minimum wages act, 1948
Minimum wages act, 1948Minimum wages act, 1948
Minimum wages act, 1948
 
Minimum wages act, 1948
Minimum wages act, 1948Minimum wages act, 1948
Minimum wages act, 1948
 
Budget 2022 - Tax proposals.pptx
Budget 2022 - Tax proposals.pptxBudget 2022 - Tax proposals.pptx
Budget 2022 - Tax proposals.pptx
 
Employee State Insurance Act, [ESI] 1948
Employee State Insurance Act, [ESI] 1948Employee State Insurance Act, [ESI] 1948
Employee State Insurance Act, [ESI] 1948
 
Collective bargaining plm
Collective bargaining plmCollective bargaining plm
Collective bargaining plm
 
Effect of GST on existing contracts
Effect of GST on existing contractsEffect of GST on existing contracts
Effect of GST on existing contracts
 
EAs and Circular 230
EAs and Circular 230EAs and Circular 230
EAs and Circular 230
 

Recently uploaded

Governor Olli Rehn: Dialling back monetary restraint
Governor Olli Rehn: Dialling back monetary restraintGovernor Olli Rehn: Dialling back monetary restraint
Governor Olli Rehn: Dialling back monetary restraintSuomen Pankki
 
project management information system lecture notes
project management information system lecture notesproject management information system lecture notes
project management information system lecture notesongomchris
 
NO1 WorldWide Genuine vashikaran specialist Vashikaran baba near Lahore Vashi...
NO1 WorldWide Genuine vashikaran specialist Vashikaran baba near Lahore Vashi...NO1 WorldWide Genuine vashikaran specialist Vashikaran baba near Lahore Vashi...
NO1 WorldWide Genuine vashikaran specialist Vashikaran baba near Lahore Vashi...Amil baba
 
Economics, Commerce and Trade Management: An International Journal (ECTIJ)
Economics, Commerce and Trade Management: An International Journal (ECTIJ)Economics, Commerce and Trade Management: An International Journal (ECTIJ)
Economics, Commerce and Trade Management: An International Journal (ECTIJ)ECTIJ
 
magnetic-pensions-a-new-blueprint-for-the-dc-landscape.pdf
magnetic-pensions-a-new-blueprint-for-the-dc-landscape.pdfmagnetic-pensions-a-new-blueprint-for-the-dc-landscape.pdf
magnetic-pensions-a-new-blueprint-for-the-dc-landscape.pdfHenry Tapper
 
212MTAMount Durham University Bachelor's Diploma in Technology
212MTAMount Durham University Bachelor's Diploma in Technology212MTAMount Durham University Bachelor's Diploma in Technology
212MTAMount Durham University Bachelor's Diploma in Technologyz xss
 
fca-bsps-decision-letter-redacted (1).pdf
fca-bsps-decision-letter-redacted (1).pdffca-bsps-decision-letter-redacted (1).pdf
fca-bsps-decision-letter-redacted (1).pdfHenry Tapper
 
AnyConv.com__FSS Advance Retail & Distribution - 15.06.17.ppt
AnyConv.com__FSS Advance Retail & Distribution - 15.06.17.pptAnyConv.com__FSS Advance Retail & Distribution - 15.06.17.ppt
AnyConv.com__FSS Advance Retail & Distribution - 15.06.17.pptPriyankaSharma89719
 
Vp Girls near me Delhi Call Now or WhatsApp
Vp Girls near me Delhi Call Now or WhatsAppVp Girls near me Delhi Call Now or WhatsApp
Vp Girls near me Delhi Call Now or WhatsAppmiss dipika
 
NO1 WorldWide Love marriage specialist baba ji Amil Baba Kala ilam powerful v...
NO1 WorldWide Love marriage specialist baba ji Amil Baba Kala ilam powerful v...NO1 WorldWide Love marriage specialist baba ji Amil Baba Kala ilam powerful v...
NO1 WorldWide Love marriage specialist baba ji Amil Baba Kala ilam powerful v...Amil baba
 
(中央兰开夏大学毕业证学位证成绩单-案例)
(中央兰开夏大学毕业证学位证成绩单-案例)(中央兰开夏大学毕业证学位证成绩单-案例)
(中央兰开夏大学毕业证学位证成绩单-案例)twfkn8xj
 
Call Girls Near Delhi Pride Hotel, New Delhi|9873777170
Call Girls Near Delhi Pride Hotel, New Delhi|9873777170Call Girls Near Delhi Pride Hotel, New Delhi|9873777170
Call Girls Near Delhi Pride Hotel, New Delhi|9873777170Sonam Pathan
 
Unveiling Business Expansion Trends in 2024
Unveiling Business Expansion Trends in 2024Unveiling Business Expansion Trends in 2024
Unveiling Business Expansion Trends in 2024Champak Jhagmag
 
NO1 Certified Amil Baba In Lahore Kala Jadu In Lahore Best Amil In Lahore Ami...
NO1 Certified Amil Baba In Lahore Kala Jadu In Lahore Best Amil In Lahore Ami...NO1 Certified Amil Baba In Lahore Kala Jadu In Lahore Best Amil In Lahore Ami...
NO1 Certified Amil Baba In Lahore Kala Jadu In Lahore Best Amil In Lahore Ami...Amil baba
 
government_intervention_in_business_ownership[1].pdf
government_intervention_in_business_ownership[1].pdfgovernment_intervention_in_business_ownership[1].pdf
government_intervention_in_business_ownership[1].pdfshaunmashale756
 
Kempen ' UK DB Endgame Paper Apr 24 final3.pdf
Kempen ' UK DB Endgame Paper Apr 24 final3.pdfKempen ' UK DB Endgame Paper Apr 24 final3.pdf
Kempen ' UK DB Endgame Paper Apr 24 final3.pdfHenry Tapper
 
Managing Finances in a Small Business (yes).pdf
Managing Finances  in a Small Business (yes).pdfManaging Finances  in a Small Business (yes).pdf
Managing Finances in a Small Business (yes).pdfmar yame
 

Recently uploaded (20)

Governor Olli Rehn: Dialling back monetary restraint
Governor Olli Rehn: Dialling back monetary restraintGovernor Olli Rehn: Dialling back monetary restraint
Governor Olli Rehn: Dialling back monetary restraint
 
Q1 2024 Newsletter | Financial Synergies Wealth Advisors
Q1 2024 Newsletter | Financial Synergies Wealth AdvisorsQ1 2024 Newsletter | Financial Synergies Wealth Advisors
Q1 2024 Newsletter | Financial Synergies Wealth Advisors
 
project management information system lecture notes
project management information system lecture notesproject management information system lecture notes
project management information system lecture notes
 
NO1 WorldWide Genuine vashikaran specialist Vashikaran baba near Lahore Vashi...
NO1 WorldWide Genuine vashikaran specialist Vashikaran baba near Lahore Vashi...NO1 WorldWide Genuine vashikaran specialist Vashikaran baba near Lahore Vashi...
NO1 WorldWide Genuine vashikaran specialist Vashikaran baba near Lahore Vashi...
 
Economics, Commerce and Trade Management: An International Journal (ECTIJ)
Economics, Commerce and Trade Management: An International Journal (ECTIJ)Economics, Commerce and Trade Management: An International Journal (ECTIJ)
Economics, Commerce and Trade Management: An International Journal (ECTIJ)
 
magnetic-pensions-a-new-blueprint-for-the-dc-landscape.pdf
magnetic-pensions-a-new-blueprint-for-the-dc-landscape.pdfmagnetic-pensions-a-new-blueprint-for-the-dc-landscape.pdf
magnetic-pensions-a-new-blueprint-for-the-dc-landscape.pdf
 
212MTAMount Durham University Bachelor's Diploma in Technology
212MTAMount Durham University Bachelor's Diploma in Technology212MTAMount Durham University Bachelor's Diploma in Technology
212MTAMount Durham University Bachelor's Diploma in Technology
 
fca-bsps-decision-letter-redacted (1).pdf
fca-bsps-decision-letter-redacted (1).pdffca-bsps-decision-letter-redacted (1).pdf
fca-bsps-decision-letter-redacted (1).pdf
 
AnyConv.com__FSS Advance Retail & Distribution - 15.06.17.ppt
AnyConv.com__FSS Advance Retail & Distribution - 15.06.17.pptAnyConv.com__FSS Advance Retail & Distribution - 15.06.17.ppt
AnyConv.com__FSS Advance Retail & Distribution - 15.06.17.ppt
 
Vp Girls near me Delhi Call Now or WhatsApp
Vp Girls near me Delhi Call Now or WhatsAppVp Girls near me Delhi Call Now or WhatsApp
Vp Girls near me Delhi Call Now or WhatsApp
 
NO1 WorldWide Love marriage specialist baba ji Amil Baba Kala ilam powerful v...
NO1 WorldWide Love marriage specialist baba ji Amil Baba Kala ilam powerful v...NO1 WorldWide Love marriage specialist baba ji Amil Baba Kala ilam powerful v...
NO1 WorldWide Love marriage specialist baba ji Amil Baba Kala ilam powerful v...
 
(中央兰开夏大学毕业证学位证成绩单-案例)
(中央兰开夏大学毕业证学位证成绩单-案例)(中央兰开夏大学毕业证学位证成绩单-案例)
(中央兰开夏大学毕业证学位证成绩单-案例)
 
Call Girls Near Delhi Pride Hotel, New Delhi|9873777170
Call Girls Near Delhi Pride Hotel, New Delhi|9873777170Call Girls Near Delhi Pride Hotel, New Delhi|9873777170
Call Girls Near Delhi Pride Hotel, New Delhi|9873777170
 
Unveiling Business Expansion Trends in 2024
Unveiling Business Expansion Trends in 2024Unveiling Business Expansion Trends in 2024
Unveiling Business Expansion Trends in 2024
 
🔝+919953056974 🔝young Delhi Escort service Pusa Road
🔝+919953056974 🔝young Delhi Escort service Pusa Road🔝+919953056974 🔝young Delhi Escort service Pusa Road
🔝+919953056974 🔝young Delhi Escort service Pusa Road
 
Monthly Economic Monitoring of Ukraine No 231, April 2024
Monthly Economic Monitoring of Ukraine No 231, April 2024Monthly Economic Monitoring of Ukraine No 231, April 2024
Monthly Economic Monitoring of Ukraine No 231, April 2024
 
NO1 Certified Amil Baba In Lahore Kala Jadu In Lahore Best Amil In Lahore Ami...
NO1 Certified Amil Baba In Lahore Kala Jadu In Lahore Best Amil In Lahore Ami...NO1 Certified Amil Baba In Lahore Kala Jadu In Lahore Best Amil In Lahore Ami...
NO1 Certified Amil Baba In Lahore Kala Jadu In Lahore Best Amil In Lahore Ami...
 
government_intervention_in_business_ownership[1].pdf
government_intervention_in_business_ownership[1].pdfgovernment_intervention_in_business_ownership[1].pdf
government_intervention_in_business_ownership[1].pdf
 
Kempen ' UK DB Endgame Paper Apr 24 final3.pdf
Kempen ' UK DB Endgame Paper Apr 24 final3.pdfKempen ' UK DB Endgame Paper Apr 24 final3.pdf
Kempen ' UK DB Endgame Paper Apr 24 final3.pdf
 
Managing Finances in a Small Business (yes).pdf
Managing Finances  in a Small Business (yes).pdfManaging Finances  in a Small Business (yes).pdf
Managing Finances in a Small Business (yes).pdf
 

Wage Garnishment Laws

  • 1. How to Stop Wage Garnishment Each state has its own debt collection laws with respect to how much and when your paycheck or your bank account can be garnished. The federal law, however, has set minimum guidelines that state debt collection laws cannot infringe upon. 301. Findings and purpose. 302. Definitions. 303. Restriction on garnishment. 304. Restriction on discharge from employment by reason of garnishment. 305. Exemption for State-regulated garnishments. 306. Enforcement by Secretary of Labor. 307. Effect on State laws. § 301. Findings and purpose (a) The Congress finds:(1) The unrestricted garnishment of compensation due for personal services encourages the making of predatory extensions of credit. Such extensions of credit divert money into excessive credit payments and thereby hinder the production and flow of goods in interstate commerce.(2) The application of garnishment as a creditors' remedy frequently results in loss of employment by the debtor, and the resulting disruption of employment, production, and consumption constitutes a substantial burden on interstate commerce.(3) The disparities among the laws of the several States relating to garnishment have, in effect, destroyed the uniformity of the bankruptcy laws and frustrated the purposes thereof in many areas of the country.(b) On the basis of the findings in subsection (a) of this section, the Congress determines that the provisions of this title are necessary and proper for the purpose of carrying into execution the powers of the Congress to regulate commerce and to establish uniform bankruptcy laws. § 302 Definitions For the purposes of this title: (a) The term "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program. (b) The term "disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld. (c) The term "garnishment" means any legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt. § 303. Restriction on garnishment (a) Except as provided in subsection (b) and in section 305, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed (1) 25 per centum of his disposable earnings for that week, or (2) the amount by which his disposable earnings for that week exceed -thirty times the Federal minimum hourly wage prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 in effect at the time the earnings are payable, whichever is less. In the case of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph (2).(b)(1) The restrictions of subsection (a) do not apply in the case of (A) any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by State law, which affords substantial due process, and which is subject to judicial review. (B) any order of any court of bankruptcy under chapter XIII of the Bankruptcy Act. (C) any debt due for any State or Federal tax. (2) The maximum part of the aggregate disposable earnings of an individual for any work week which is subject to garnishment to enforce any order for the support of any person shall not exceed
  • 2. (A) where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual's disposable earnings for that week; and (B) where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual's disposable earnings for that week; except that, with respect to the disposable earnings of any individual for any workweek, the50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek. (c) No court of the United States or any State, and no State (or officer or agency thereof), may make, execute, or enforce any order or process in violation of this section. § 304. Restriction on discharge from employment by reason of garnishment (a) No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebtedness. (b) Whoever willfully violates subsection (a) of this section shall be fined not more than $1,000,or imprisoned not more than one year, or both. § 305. Exemption for State-regulated garnishments The Secretary of Labor may by regulation exempt from the provisions of section 303(a)and (b)(2) garnishments issued under the laws of any State if he determines that the laws of that State provide restrictions on garnishment which are substantially similar to those provided in section 303(a) and (b)(2). § 306. Enforcement by Secretary of Labor The Secretary of Labor, acting through the Wage and Hour Division of the Department of Labor, shall enforce the provisions of this title. § 307. Effect on State Laws This title does not annul, alter, or affect, or exempt any person from complying with, the laws of any State(1) prohibiting garnishments or providing for more limited garnishments than are allowed under this title, or(2) prohibiting the discharge of any employee by reason of the fact that his earnings have been subjected to garnishment for more than one indebtedness SSR 79-4 Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or other legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject: (1) to the authority of the Secretary of the Treasury to make levies for the collection of delinquent Federal taxes and under certain circumstances delinquent child support payments; and (2) to garnishment or similar legal process brought by an individual to enforce a child support or alimony obligation.