Principle components of the federal wage garnishment act
September 30th, 2010 by AdminPrinciple components of the federal wage garnishment act
The first and most important part of the wage garnishment laws is that it is no where explained how to stop wage garnishment. It is important to understand that once this process of the wage garnishment starts you are left with only one option that is making of he payment as stipulated by the law. It is better to avoid the whole of the wage garnishment process from the start. In the wage garnishment laws there are very clear cut restrictions regarding how much wage amount can be garnished. There are different state laws for wage garnishment. There is of course one federal law for wage garnishment. The creditors and collectors can start this wage garnishment procedure only obtaining a court order. It is obvious that there is a long court procedure which has to be followed by the creditors. You are given full chance for giving and defending your explanations. It is better to talk about default payments rather than opt for all the legal procedures. Once the court order is obtained the wage garnishment procedure starts. Section 1673 gives info regarding the restrictions on the wage garnishment. This wage garnishment can not exceed the limit of 25% of the disposable earnings. The first important point is that you must be making more than minimum wages for a steady time to become eligible for the application to this wage garnishment procedure. If your wages are less than or just about the minimum wages as described in the law, then you can get protection from this wage garnishment procedure. The creditor can garnish your wages if you are earning more than the minimum wages and if there is already no other wage garnishing procedure against you in force. There are certain exemptions to this rule and laws about wage garnishment. If you are getting salary from social security benefits or public assistance benefit or retirement plan benefits, then that amount can not be garnished under wage garnishment procedure. Your income can not be under wage garnishment procedures if it is coming from worker’s compensation awards, unemployment benefits or disability benefits. There are exception to this rule in case of child support and spousal support judgments There is protection to you as an employee. You can not be fired by the employer if you have one wage garnishment procedure against you. However if there are more then one wage garnishment procedures against you, you can be fired. If the employer disobeys the first law, he will be fined $1000 and can get one year imprisonment punishment. These are some of the principle components of the federal wage garnishment act.