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August 11, 2010

Wage garnishment

Filed under: Financial Information — Admin @ 8:20 am

Wage garnishment
Wage garnishment refers to the legal procedure by which a person’s income is withheld on a percentage basis by an employer against his debt payments. Wage garnishments are a court order. The other types of wage garnishments are open procedures. These open or legal procedures are made by the state tax collection agency to collect the unpaid taxes. This also includes the federal administrative garnishments owed to the federal government for non-tax debts. Wage garnishments exclude voluntary wage garnishments. While few debtors voluntarily ensemble their employers and collect a specific amount of their income to clear the debts without the interference of a court order. The best part of the wage and hour division representing the department of Labor who consider the employment standards dispensed the (CCPA) consumer credit protection ACT. This was done to restrict the employee’s earnings and to protect the employee from losing his job or else his entire earnings will be garnished for debts. The CCPA is implemented in all the 50 states and US possessions and territories. This is one such law that safeguards every person receiving personal income for instance, salaries, wages, bonuses, commissions, retirement plan or pension. The CCPA also prohibits employers from discharging their employees whose wages get garnished for any single debt, despite the numerous levies made to acquire that debt. However, the CCPA does not outlaw discharging the employees when the wages of an employee is garnished separately for more debts owed. The amount to be paid to wage garnishment is entirely based on the disposable wages of the employee. This relates to the amount left over after legal deductions such as state and local taxes, federal, social security or some other employee retirement systems or state unemployment insurance as per the requirement of the law. Similarly, deductions that do not involve law are not deducted from the gross earnings. Calculating the disposable earning as per the CCPA are union dues, voluntary wage deductions, charitable contributions, health and life insurance, optional retirement plans, savings bonds and reimbursements for payroll advances to employers. The wage garnishments in common exclude child support, bankruptcy, alimony or other federal or state tax. The amount earned per week does not exceed 25% of the disposable earnings of an employee or is more than 30 times of the federal minimum wages is considered for wage garnishment. If a wage garnishment law of a state differs from CCPA, the law observes lesser wage garnishment.

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