Anyone that you owe money to can petition a judge for an order to garnish your wages, meaning that entities as diverse as a credit card company, a former business partner or an estranged spouse can lay claim to your wages. If the judge decides in the creditor's favor, the sheriff will present your employer with an order to withhold a certain amount from your wages.
Creditor
Anyone to whom you owe money is a creditor (and you are the debtor). While wage garnishing is regarded as a drastic measure or a last resort to get you to pay a debt, anyone that you owe money to can ask the courts for permission to garnish your wages; once they ask, they usually get permission. Companies collecting on credit card debt and former partners asking for child support are two frequent creditors that garnish wages.
Courts
A creditor can only garnish wages once they have a court order. No one can garnish your wages without a court order. Furthermore, a sheriff or other law enforcement official will present this order to your employer. The creditor cannot come directly to you and demand some of your wages using the court order.
Employer
Once the sheriff has shown the court order to your employer, your employer will deduct money from your paycheck and pass it on. In fact, your employer will become legally responsible for withholding a percentage of your wages and sending the amount to your creditor. Employers cannot legally fire an employee for having her wages garnished.
Limits
No more than 25 percent of your wages can be garnished, unless the creditor is petitioning for child support, in which case they can be awarded up to 50 percent of your wages. No creditor is allowed to push your take-home pay below the poverty line. Unfortunately, if you are married, your creditors can potentially garnish your spouse's wages as well.
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