Is A Social Security Number Required To Garnish Someone's Wages
Employers require (besides the defendant’s name) another identifier such as a social security number. This is to ensure the correct person is being garnished. Without this information the wage garnishment can still be served, but your chance of receiving any funds may be reduced dramatically.
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What Is Wage Garnishment
Wage garnishment, the most common type of garnishment, is the process of deducting money from an employee’s monetary compensation (including salary), usually as a result of a court order. Wage garnishments may continue until the entire debt is paid or arrangements are made to pay off the debt.[3] Garnishments can be taken for any type of debt but common examples of debt that result in garnishments include:
- Child support
- Defaulted student loans
- Taxes
- Unpaid Court costs
- Court-ordered judgments
When served on an employer, garnishments are taken as part of the payroll process. When processing payroll, sometimes there is not enough money in the employee’s net pay to satisfy all of the garnishments. For example, in a case with federal tax, local tax, and credit card garnishments, the first garnishment taken would be the federal tax garnishments, then local tax garnishments, and, finally, garnishments for the credit card. Employers receive a notice telling them to withhold a certain amount of their employee’s wages for payment and cannot refuse to garnish wages. Employers must correctly calculate the amount to withhold, and must make the deductions until the garnishment expires.
How To Garnish Wages
A wage garnishment requires little effort on your part. Procedures vary by state and locality, but usually you give the sheriff or other local official (called the “levying officer”) information about where the judgment debtor works. The levying officer serves the garnishment order on the employer and the employer is required to withhold the proper amount of money (which is limited, see below) which then goes to you.
Collect Your Court Judgment With a Wage Garnishment
If the debtor has a job, you may be able to grab up to 25% of his or her wages.
If you have won a court judgment against someone with a decent job, you may be able to intercept up to 25% of his or her wages to satisfy your judgment. This process, permitted in nearly every state, is called a wage garnishment.
When You Can Garnish Wages
You can garnish wages relatively quickly and cheaply if:
- the debtor receives a regular wage (he or she isn’t self-employed)
- the debtor’s pay is above the poverty line
- other wage garnishments aren’t already in effect (unless your debt is for child or spousal support), and
- the debtor does not quit the job, contest the garnishment, or file for bankruptcy.
Limits on Wage Garnishments
Under federal law, you cannot garnish more than:
- 25% of the debtor’s disposable earnings (what’s left after mandatory deductions),
- or the amount by which the debtor’s wages exceed 30 times the minimum wage, whichever is lower.
If your judgment is for child or spousal support, you can garnish up to 50% of the debtor’s take-home pay (55% if the debtor is 12 or more weeks in arrears). If the judgment debtor does not currently support a spouse or child, you can garnish up to 60% of the wages (65% if the debtor is 12 or more weeks in arrears).
Some states have even lower wage garnishment limits. If a state wage garnishment law results in a smaller garnishment, the state law must be followed.
How To Stop Wage Garnishment
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Wage Garnishment Laws By State
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