When a person owes money to a creditor and cannot or will not pay the money, the creditor can take a number of actions designed to improve his chances of receiving payment. One of the most severe collection actions that a creditor can take is garnishing a debtor's wages -- taking money directly out of the debtor's paycheck. Both state and federal law regulate how garnishments must be pursued and who can and cannot have their wages garnished.
Garnishment
While the garnishment process varies from state to state, the procedure is similar nationwide. If a creditor wishes to garnish a person's wages, he must first file a civil suit against the debtor. If a judge rules that the debtor indeed owes the creditor money and the debtor continues to refuse to pay, the creditor may then file a motion to garnish the debtor's wages. Married debtors are not immune from garnishment.
Federal Laws
Federal law states that all creditors must receive the permission of a court before garnishing a debtor's wages. A creditor cannot pursue garnishment privately. Also, in most cases, a creditor can only garnish at most 25 percent of a debtors' paycheck. However, if the debtor owes money for child support, a state government is allowed to garnish significantly more. A person may have his wages garnished for child support whether he is married or single.
State Laws
Each state has its own set of laws regulating who can and cannot have their wages garnished. Many states require debtors to pass a means test before their wages can be garnished, meaning that they make more than a certain amount of money. Sometimes supporting dependents, such as a spouse, can factor into this means test, meaning a person who is married may be more likely to be exempt from garnishing. However, as of December 2010, no state has a specific statute that exempts married persons from wage garnishment.
Debts of a Spouse
A person who does not owe money to a creditor cannot have their wages garnished to pay off someone else's debt, even if the debtor is a spouse or family member. A person can only have wages garnished to pay off a debt if the debt is in that person's name. If there is some dispute about who owes the debt, the judge will settle it before issuing a motion to allow the creditor to begin garnishment.
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