A wage attachment, also known as a wage garnishment, is a legal process that is used when a court or other entity orders a portion of an employee’s wages to be withheld and forwarded to a creditor, tax authority, or other party. This process is typically used when an employee has failed to pay a debt that is owed, such as a loan, overdue taxes, or court-ordered child support. In this case, a wage attachment is granted to the creditor in order to collect the debt that is owed.
How Does a Wage Attachment Work?
When a wage attachment is issued, the employer that the employee works for is deemed responsible for following the orders and withholding the amount specified by the court or other authority. The employer must also submit the payment towards the debt to the appropriate creditor by the associated deadline. The employer is also responsible for maintaining records of withholding and payments made to creditors, as designated by the wage attachment order.
What Are Some Examples of Wage Attachments in Action?
A common example of a wage attachment is in the scenario of unpaid taxes. If an employee fails to pay taxes, the IRS or other tax authority can issue a wage attachment order to the employee’s employer, which in turn obligates them to withhold a portion of the employee’s wages and submit it towards the unpaid taxes. Additionally, if an employee fails to pay a loan or child support, the creditor or other authority may follow the same process and use a wage attachment order to collect the unpaid debt.
What Rights Does an Employee Have in Regards to a Wage Attachment?
Employees have certain rights when it comes to wage attachments. Firstly, an employee is legally entitled to receive written notification of the wage attachment before any portion of his or her wages is withheld. Furthermore, wage attachment orders are subject to federal and state legal mandates for maximum amounts that can be withheld. For example, the maximum percentage of wages that can be withheld from an employee’s paycheck for taxes is 25%, and for court-ordered child support, the maximum amount that can be withheld is 50%.