Can They Garnish My Wages?
In Pennsylvania, where I practice law, a Garnishment of Wages can occur only under limited circumstances. The most prevalent circumstance is for an obligation of child or spousal support. Garnishment is usually very easy to procure under those types of matters. Other circumstances where garnishment of wages can occur include repayment of PHEAA student loans, room and board for four weeks or less and obligations relating to a final divorce distribution. In PA, these are just about the only instances when your wages can be garnished while they are in the hands of your employer.
Many of the inquiries that I receive at my office are regarding credit card collections and garnishment of wages. Except under very limited or special circumstances, in Pennsylvania, an ordinary creditor cannot garnish your wages on a Pennsylvania case. This does not mean that the money that you earn cannot ever be garnished. There is a distinction here that must be made. Once the money is earned and deposited into your bank account, the monies are no longer wages. Those funds become part of the corpus of your bank account and are subject to garnishment. If a creditor is privy to your banking information AND if they have obtained a judgment against you, they will be able to garnish the funds in your bank account, even if those funds were at one time wages. This type of "regular" garnishment does not require a court order, but instead requires the creditor to obtain a judgment against you in a court of law. After a judgment is obtained, a creditor can commence garnishment proceedings by applying for a Writ of Execution. The Writ of Execution is delivered to your bank and your accounts are then frozen.
Related Tags: wages, legal, attorney, pennsylvania, pa, collections, garnishment
Greg Artim is an Attorney based in Pittsburgh Pennsylvania. For more information on related legal issues, please visit his website at http://www.gregartim.comYour Article Search Directory : Find in Articles
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