Who Can Garnish Your Wages in Pennsylvania?

Pennsylvania law limits who can garnish wages. Courts in a child custody case can garnish wages. Credit card companies or other commercial creditors cannot. Residential landlords, bankruptcy courts and student loan companies can also attach wages in Pennsylvania.

Federal Law

Pennsylvania law applies, except for federal debts.

The federal law governing wage garnishment sets a ceiling on the amount of money that can be garnished from a paycheck at 25 percent of a person's net income. More importantly, according to the U.S. Department of Labor, the law states that if there is a conflict between state and federal law, the law which results in the least amount being garnished applies. Since Pennsylvania prohibits garnishment for commercial debt, the federal law does not apply. In other situations, Pennsylvania law limits garnishment to 10 percent of a person's take-home pay.

Considerations

Steep penalties are possible for people who don't pay for their children.

Federal law limits creditors from taking more than 25 percent of a person's income with some important exceptions, particularly child support. When it comes to child support, according to the Pennsylvania Department of Human Services, "These limits are 50 percent for a noncustodial parent who is the head of a second household and 60 percent for a noncustodial parent who is not supporting a second family. These percentages may be increased five percent for payment on arrears owed when the noncustodial parent is behind on support payments 12 weeks or more."

Landlords

The landlord would have to go to court first, which could be an added expense.

If you have a residential lease and fail to pay, a landlord may garnish your wages after obtaining a court order. The law limits how much the court can deduct to 10 percent of a person's wages after taxes, health insurance, union dues and other garnishments.

Taxes

Failing to pay taxes could lead to a garnishment order.

Garnishment for state and federal taxes is allowed in all states. Like residential leases, the Pennsylvania Department of Revenue can garnish up to 10 percent of a person's take-home pay. Additionally, an employer can deduct two percent of a person's take-home pay to pay the costs of the garnishment. IRS levies can be as high as 25 percent.

Fair Debt Collection

Abusive statements are prohibited.

Debt collectors are prohibited from making abusive or false statements, and this applies to wage garnishments. Debt collectors may not threaten to garnish wages if they do not intend to do so or if garnishment isn't allowed. Debt collectors who threaten to garnish wages for commercial debts, such as credit cards, in Pennsylvania, could face sanctions from the Federal Trade Commission.