When a person won't pay a debt, the creditor may attempt to extract payment by force. This can be accomplished in a number of ways, with one of the most effective being the garnishment of a person's wages. Most laws related to the garnishment of wages are made at the state level. In Pennsylvania, a creditor can only garnish for certain kinds of debts.
Debt Collection
The first step in garnishing a debt in Pennsylvania is to have the debt recognized by a civil court. This can only be done after a civil suit has been brought by the creditor seeking payment of the debt. A judge will hear the suit and if he rules in favor of the creditor, then the creditor will be awarded damages in the amount of the debt, payable by the debtor defendant.
Garnishment
If the debtor refuses to pay the money that the judge has ordered him to pay, then the debtor may have actions taken against him that will compel payment. A creditor will often petition a judge to order a garnishment of the debtor's paycheck -- a portion of the paycheck extracted each pay period and given to the creditor until the debt has been paid off.
Private Debts
In Pennsylvania, garnishment can only be used as a means of collecting on certain kinds of debts incurred from private creditors -- meaning creditors not representing a government agency. These include debts stemming from a settlement of a divorce case; payments that are to be made for the support of a child or spouse; restitution for criminal matters; and back rent owed on a residence. Also, a Pennyslvania court may allow an out-of-state creditor to garnish wages for other reasons if an out-of-state judge ordered the garnishment.
Debts to the Government
In addition, a person can have his wages garnished by the state if he owes the state child support payments, criminal restitution, student loans or certain types of taxes. The federal government can garnish a Pennsylvania resident's wages, too. For example, the Internal Revenue Service can garnish wages for failure to pay federal income taxes.
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