Wednesday, February 8, 2006

States That Do Not Allow Garnishment

States That Do Not Allow Garnishment

State laws against garnishment do not protect those who owe taxes, child support, alimony or student loans to the government. States that do not allow garnishment prevent creditors from attaching wages of debtors in that state. States that do allow garnishment by creditors also protect the consumer by limiting the amount that creditors can garnish. States may also require a judgment against the debtor before allowing a garnishment. Federal laws are in place to limit the amount, which creditors can garnish to 75 percent of disposable income, or an amount 30 times the minimum wage.

Texas

    The state of Texas exempts 100 percent of wages from garnishment. The state also has statutes of limitation in place, which limits the amount of time a creditor has to enforce a judgment. For example, creditors have four years to collect a debt on a credit card in the state of Texas.

North Carolina

    North Carolina does not grant any garnishment to commercial creditors, but does allow garnishment for government services and taxes. The state also exempts the last 60 days of earnings, which the debtor requires for support of his family. The statute of limitations on the enforcement of debt is three years for credit card debt and written contracts. For a domestic or foreign judgment, the statute of limitations on collections is 10 years.

South Carolina

    South Carolina exempts 100 percent of wages from garnishment, as well. The statute of limitations for collection of the debt in South Carolina is three years for written contracts and credit card debt and 10 years for foreign and domestic judgments.

Pennsylvania

    Pennsylvania does not allow garnishment for 100 percent of the wages earned in the state. The statute of limitations for credit cards and written contracts is four years and domestic and foreign judgments are 10 years.

Federal Law

    States such as Arizona, California, Colorado, Florida, Georgia, Montana, Mississippi, Idaho, Iowa, Kansas, Michigan and the District of Columbia use the federal law to regulate garnishment by commercial creditors in the state. States such as Alabama, Indiana, Kentucky, Louisiana, Minnesota and Nebraska specifically exempt 75 percent of wages from garnishment. States such as Missouri exempt 75 percent for single wage earners but increase it to 90 percent for heads of household. The federal law supersedes state law when it allows for a greater amount of wages to be exempt in all states.

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