Wage garnishment priority
Wage garnishment priority
The wage garnishment is a provision under the Consumer Credit Protection Act Title III. It protects the employee’s from being discharged by their employers owing to their wage garnishment to one debt. Moreover, this act also limits the employee’s earnings amount to be garnished in a week. CCPA is applicable to all the individuals who have their earnings from personal services such as salaries, wages, bonuses, commissions, retirement and pension. Wage garnishment comes into effect only when a creditor does not get the money from his debtor in spite of constant reminders or if the debtor totally denies paying or ignores the creditor. This is the time when the creditor goes to a court and seeks assistance in collecting his money back. The court issues a notice stating the debtor’s employer to deduct the salary from the debtor’s income. The amount to be deducted will be specified in the notice. The wage garnishment has to be given priority. The employer regardless of the relationship with the employee has to abide to the rules of the court and deduct the employee’s salary. The employer’s denial in this case may be seen as an offence as it is disobeying the statement of the court. The wage garnishment priority is to collect the due amount from the debtor and to pay the creditor steadily. The wage garnishment gives priority to the requirements and earnings of the debtor. The debtor can obstruct the wage garnishment by giving evidences of his earnings and monthly expenses that is merely enough to meet his requirements. Moreover, wage garnishment on this income will add more stress and meeting his regular expenses will become difficult. This is accepted by the court if the evidences are found to be genuine. Similarly, the court orders up to 50% of the disposable earning as garnishment, if the employee supports an alimony or child support. The same is increased by 10%, if the employee does not support anyone. Besides, a surplus 5% is garnished on support payments for more than 12 weeks as arrears. As per the wage garnishment priority the disposable earnings refers to the amount left besides the legal deductions such as state, federal an local taxes, unemployment insurance, social security and state employee retirement systems. Some of the deductions are not considered by law such as the health and life insurance, charitable contributions, etc are not deducted from the gross earnings.