Definition
Garnishment and attachment of wages involve the act of seizing a portion of a worker’s income in order to pay off a debt confirmed by a judgment.
Analysis
Garnishment of wages may be sought by a plaintiff that wins a judgment against a debtor. Most states allow for a plaintiff to pursue wage garnishment in order to repay debt if they believe the debtor is unwillling to comply with the court order. North Carolina, Pennsylvania, South Carolina and Texas have additional exclusions that restrict the types of debt that may be subject to garnishment.
Once a garnishment has been granted, the debtor’s employer will receive a notice of the garnishment. A portion of the debtor’s income is diverted to the plaintiff each pay period until the judgment is satisfied.
Federal law as well as individual state laws limit most garnishments to a maximum percentage of income. There also may be various maximums for different types of garnishments, such as for child support or for federal student loans.
Attachment of wages is a type of garnishment that involves an upfront seizure of earnings. Unlike normal wage garnishment, attachment of wages is not limited by the same restrictions that apply to wage garnishment. It is shorter term, and may claim a much higher portion of earnings.
