Friday, August 2, 2002

States That Don't Garnish Wages

Garnishment is the legal procedure under which creditors seize a portion of a debtor's wages. Garnishment is permitted in all states -- but with varying limits. Child support orders and back taxes debts are subject to garnishment in all states. All states limit the amount of money that can be garnished, either through standalone laws or by relying on federal law. A handful of states, however, do not permit creditors to garnish wages for commercial debts, which are things such as credit cards and store accounts.

Pennsylvania

    In Pennsylvania, garnishment is only allowed for child support, according to Amorette Nelson Bryant's "Complete Guide to Federal and State Garnishment." The law allows landlords to garnish wages for board that is more than four weeks past due. Landlords also can garnish wages for damages arising from a residential lease.

The Carolinas

    In North Carolina, garnishment is permitted for public debts and taxes, as well as ambulance services and hospital services. In South Carolina, 100 percent of wages are exempt from collection, with the exception of child support payments.

Texas

    Texas does not allow creditors to garnish wages. But Texas courts will allow out-of-state courts to enforce orders on Texas companies with offices in another state. For example, a creditor can sue in Alabama for garnishment of an employee's wages. If the company has offices in Alabama, it must follow Alabama's garnishment order, even if the employee lives and works in Texas.

High Exemptions

    Several states exempt such a large portion of wages that garnishment may have little impact. These are on a case-by-case basis, and the law is different in each state. For example, Florida makes it difficult for creditors to garnish wages if the wage earner is supporting a family. In several states, 75 percent of a person's wages are exempt from garnishment, and in Delaware, 85 percent of wages are exempt. None of these limits applies to support orders, which are governed by federal law.

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