As outlined in our recent analysis, wage garnishment volume has been rising steadily since 2022 and shows no signs of slowing.
When employers deal with wage garnishments, they must follow strict rules. These rules can vary by the type of garnishment and by state. Failure to comply can result in the employer paying the employee's full judgment amount, along with fines, interest, and attorney fees.
This article explains the different types of wage garnishments employers may face and offers best practices for handling them correctly and on time.
What is wage garnishment?
Wage garnishment is a legal process where an employer withholds a portion of a person's earnings to pay a debt, following a court order or other legal requirements. These orders can come from a court or a government agency at the federal, state, or local level.
In the United States, child support is the most common reason for wage garnishment. However, there are other reasons why an employer might receive a garnishment order.
Common types of wage garnishments include:
- Child support or alimony payments often take priority for wage garnishment. These payments may be ordered by a court or a child support agency.
- Tax debt. The IRS and state or local tax authorities can take money from your wages for unpaid taxes without a court judgment.
- Federal student loans can also be garnished directly without needing a court order.
- Creditors, such as credit card companies or medical providers can garnish wages if they have a court judgment.
Employers must comply with court orders for wage garnishment, even if the person is no longer employed by the business or appears to earn little.
If your organization receives a garnishment order by mistake, you still need to respond to it. If you don't respond correctly, your business may be responsible for paying the full amount of the employee's debt.
Ignoring a garnishment can have serious consequences. In most states, an employer who fails to comply can be held liable for the full amount of the debtor's unpaid debt, even if the person is not actually an employee. You may also be held in contempt of court and liable for daily fines.
Wage garnishment order process
Receiving a garnishment notice involves a legal process. The steps can vary based on the type of garnishment and the laws in your area, but there are some general steps to follow.
- Intake: A business or registered agent receives the wage garnishment order from a court or government agency.
Wage garnishments are served to the employer or the registered agent, not the employee whose wages are affected. You cannot just drop off the documents at a store or office with anyone who works there. The papers must go to someone officially designated to receive them by rules and statutes. This responsible person, or designated agent, is required for corporations, LLCs, LLPs, and LPs to ensure proper delivery of legal documents.
A professional registered agent accepts and logs these legal documents, digitizes them, and follows specific delivery instructions to ensure they reach the appropriate person within the organization promptly.
- Review and respond: If your business receives a wage garnishment order, act quickly. First, check the order to make sure you have the right employee's information, the issuing authority, the amount to withhold, and any deadlines. Garnishment orders often require a response from you within a short time frame.
- Notify the employee: To legally notify an employee about a wage garnishment order, employers must follow federal and state laws. Employers are typically required to provide the employee with a copy of the garnishment order and any related documents.
- Withhold and remit: The employer must withhold wages as instructed by the garnishment order until the debt is paid or until the court tells the employer to stop. Make sure to follow the instructions for accurately sending the wages withheld. If payments are late or incorrect, the employer may face penalties.
- Maintain records: Keep accurate records by saving copies of the garnishment order, payment records, and any related communications.