Friday, March 14, 2003

States That Allow Garnishment of Wages

States That Allow Garnishment of Wages

All states permit wage garnishment for child support, alimony, student loans and to repay state or federal taxes. According to federal law, the maximum allowable amount for garnishment of wages is 25 percent of an employee's weekly disposable earnings. Some states only permit less than 25 percent of an employee's wages for garnishment. North Carolina, South Carolina, Pennsylvania and Texas allow wage garnishments for child support, alimony, student loans and tax repayments only.

California

    According to California law, up to 25 percent of a debtor's net disposable earnings can be garnished. Once the courts have made a judgment, an employer must first receive a sheriff or marshall's levy. Employee's wages are subject to garnishment until the judgment has been repaid in full. In California, spouses of debtors are also subject to levies because California is considered a "community property state."

Florida

    Florida has strict regulations on wage garnishment procedures. Debtors cannot face jail sentences for failing to pay a debt or judgment. If a judgment is entered against a debtor, creditors have the right to report a debtor's credit history to the credit bureau. Creditors who obtain a judgment against a debtor are also entitled to request that debtors disclose their income and assets. Although creditors have the right to garnish wages, under the "head of family" exemption, Florida garnishment law restricts creditors from garnishing wages if the head of a household's income is under $500 per week.

Hawaii

    Residents of Hawaii have the option of selecting to have their wages garnished using federal guidelines for wage garnishment or Hawaiian law. Under Hawaiian law, debtors can opt to have only 5 percent of their first $100 monthly disposable income garnished, 10 percent of their second $100 per month and 20 percent of anything over $200 per month.

Kentucky

    Creditors in Kentucky must wait 10 days after obtaining a judgment against a debtor before they can request to obtain a wage garnishment from the court. After the 10-day waiting period, creditors can mail an order of garnishment to a debtor's employer. According to Kentucky garnishment regulations, employers have 20 days to respond to a court order and are subject to liability laws if they fail to respond within the 20-day period. Debtors have the right to contest garnishment of wages for funds that are exempt under Kentucky law. The state of Kentucky does not permit debtors to garnish non-wage, non-salary incomes such as pension benefits, health and disability benefits, insurance policies and public benefits like workers' compensation and unemployment benefits.

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