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	Garnishment - Wikipedia, the free encyclopedia
		Wage garnishment, the most common type of garnishment, is the process of deducting money from an employee's monetary compensation (including salary) as a result of a court order.
		Garnishments are taken as part of the payroll process.
		Since this type of garnishment is not continuing in nature, but is not subject to the type of restrictions that apply to wage garnishment, it is most often used against banks, or other persons or companies that incur liquidated obligations in the regular course of business.
	en.wikipedia.org /wiki/Garnishment (368 words)

	Relating to garnishment; creating new provisions; amending ORS 12.085, 18.335, 23.160, 23.166, 23.425, 25.083, 25.372, ...
		For the purposes of sections 1 to 65 of this 2001 Act, garnishment is the procedure by which a creditor invokes the authority of a circuit court, justice court or municipal court to acquire garnishable property of a debtor that is in the possession, control or custody of a person other than the debtor.
		A writ of garnishment acts to garnish all property of the debtor possessed by the garnishee, all property of the debtor over which the garnishee has control and all property of the debtor that is in the custody of the garnishee.
		A challenge to a garnishment may also be used by a debtor: (a) To assert that the amount specified in the writ of garnishment as being subject to garnishment is greater than the total amount owed by the debtor to the creditor; or (b) To assert that property is not garnishable property.
	www.leg.state.or.us /01reg/measures/hb2300.dir/hb2386.intro.html (15842 words)

	Garnishment Cases
		In searching for the word "garnishment" in the findlaw.com database of Supreme Court decisions, I found 53 opinions that were written prior to 1935.
		Only 5 of the 53 cases dealt with wage garnishment, and no 13thamendment challenge was made in any of the 5 cases that pertained to wage (labor) garnishment.
		In the other, Torrey, holding a judgment for $22.40, rendered in 1894, served a summons of garnishment on the railroad, requiring it to answer on August 27, 1907." Nebraska was another state that exempted the wages of head of households from garnishment at the time.
	www.restoreliberty.com /garnish.htm (949 words)

	Policy on Garnishment - Part 2 of 2
		Employees: the garnishable salary to be paid on the last day of the second pay period next following the pay period in which Her Majesty is bound by the garnishee summons; and, when the garnishee summons has a continuing effect, the garnishable salary to be paid on the last day of each subsequent pay period.
		Contractors: the garnishable fees payable on the fifteenth day following the day on which Her Majesty is bound by the garnishee summons, as well as any that become owing in the next 14 days; and, when the garnishee summons has a continuing effect, any garnishable fees becoming payable after that fifteenth day.
		Where the garnishable amount changes as the result of a variation in the gross or extra duty allowance payable to the employee, the amount being deducted would have to be adjusted accordingly.
	www.tbs-sct.gc.ca /pubs_pol/hrpubs/rcpayadmguide/gar971_e.asp (3895 words)

	Using Garnishment to Collect on Debts \| Legal > Litigation
		The most common type of garnishment is wage garnishment, in which a person who owes a debt or a sum of money to another may have his or her wages garnished if he or she loses a lawsuit filed by the other person.
		Receiving a wage garnishment could possibly cause the debtor to quit his or her job or file bankruptcy, either of which would prevent you from collecting your judgment.
		Unless your wage garnishment is for alimony or child support, you may not garnish unemployment insurance wages, workers' compensation, or disability or health insurance benefits.
	www.allbusiness.com /articles/Legal/4134-35-1814.html (717 words)

	Wage Garnishment
		Garnishment is a legal proceeding which allows a creditor to take money owed to you.
		To be able to garnish wages or anything else, the creditor must obtain a judgment, and then serve garnishment papers on the person, such as your employer, that owes money to you.
		If the creditor intends to garnish wages, the creditor must make an affidavit to the court that it has demanded payment for the amount due and that you have not agreed or continued to pay the non-exempt portion of your wages.
	www.doney.net /dp&s_wage.htm (622 words)

	CIVIL PRACTICE & REMEDIES CODE - CHAPTER 63 (Site not responding. Last check: 2007-10-13)
		The clerk of a district or county court or a justice of the peace may issue a writ of garnishment returnable to his court.
		The garnishee shall be discharged from the garnishment as to any debt to the defendant for current wages.
		Service of a writ of garnishment on a financial institution named as the garnishee in the writ is governed by Section 59.008, Finance Code.
	www.capitol.state.tx.us /statutes/docs/CP/content/htm/cp.003.00.000063.00.htm (355 words)

	Administrative Wage Garnishment
		Garnishment may continue until the entire balance of the outstanding loan is paid.
		You should note that wage garnishment is used only for borrowers who refuse to voluntarily repay their defaulted loan and is not used with those borrowers who continue to make regular and timely monthly payments.
		The debtor may object that garnishment in the amount or rate stated in the Notice of Intent to Garnish would create an undue financial hardship for the borrower and his or her family.
	www.ed.gov /offices/OSFAP/DCS/awg.html (1245 words)

	Comments on Proposed Administrative Wage Garnishment Regulations
		Currently, wage garnishment hearings requested from the Department or from guaranty agencies are usually conducted by “officers” with little or no knowledge of appropriate defenses to garnishment and with little or no special training in hearing procedures.
		The defenses to garnishment described in the discussion section of the proposed rules and in §34.14(b) are incomplete.
		With respect to the grounds for garnishment, we object to the Department’s discussion comparing the grounds for a hardship defense to the undue hardship discharge in bankruptcy.
	www.consumerlaw.org /initiatives/test_and_comm/061102_DL.shtml (2406 words)

	Collect Your Court Judgment With a Wage Garnishment (Site not responding. Last check: 2007-10-13)
		A wage garnishment is often a strong impetus for a debtor to make arrangements to pay off a judgment -- many people want to avoid the embarrassment and inconvenience of having their salary reduced.
		Also, despite a federal law that bars an employer from firing an employee whose wages are garnished due to a single judgment, most employees believe that a garnishment won't win them brownie points with their bosses.
		You cannot garnish wages if they are already being garnished by another creditor, unless (1) the first garnishment takes less than 25% of the debtor's disposable income, or (2) you have a judgment for alimony or child support.
	www.nolo.com /article.cfm/ObjectID/D290F59B-0501-49EA-A540ABBE602C261E/catID/697A614B-B8AD-43EB-BE4B39DA5E65686B/104/308/191/ART (772 words)

	TITLE 1: CHAPTER 15 - ARTICLE 4 - GARNISHMENT (Site not responding. Last check: 2007-10-13)
		A writ of prejudgment or post judgment garnishment shall be issued in the name of the state of Wyoming and shall be directed to the person or persons designated in the plaintiff's affidavit as garnishee.
		If the answer shows that the garnishment has attached personal property of any kind in the possession or under the control of the garnishee which belongs to and is due the defendant, the court shall enter judgment that the garnishee deliver the personal property to the sheriff.
		A garnishee served with a writ of prejudgment or post judgment garnishment shall hold for the benefit of the plaintiff all property of the defendant in his possession, and money and credits due from him to the defendant, from the time he is served with the writ until the writ is discharged.
	legisweb.state.wy.us /statutes/titles/title01/c15a04.htm (2158 words)

	Change a Garnishment (Site not responding. Last check: 2007-10-13)
		The garnishment must be established in the ISIS HR system and a payroll has been run.
		The processing of garnishments are regulated by both Federal and State laws.
		State Law – If the law in effect in the state the garnishment was originated in is silent with respect to creditor garnishments or is less favorable to the employee than the federal government, the employer must abide by the provisions of the Federal Wage Garnishment Law.
	www.state.la.us /hrhelp/content/osup-changeagarnishment/cc/html (548 words)

	Writ of Garnishment
		A writ of garnishment is a process by which the court orders the seizure or attachment of the property of a defendant or judgment debtor in the possession or control of a third party.
		In accordance with Rule 64 of the Federal Rules of Civil Procedure, a writ of garnishment may be issued pre- or post-judgment, according to state law and practice.
		Regardless of this denomination, however, enforcement of the writ is governed by state law as applicable to the analogous state law writ and procedure.
	www.usdoj.gov /marshals/process/garnishment.htm (494 words)

	Garnish-Spanish
		Wage garnishment is a procedure through which some portion of a person’s (debtor) earnings is withheld by an employer (garnishee) for the payment of a debt to a creditor (person who is owed the money).
		If another garnishment or judgment is received, follow the same procedures, but remittance to a second or subsequent creditor is not made until the first judgment is paid in full.
		If the garnishee fails to comply with the provisions of the law, he or she may be cited for contempt of court and assessed attorney’s fees and court costs.
	www.courts.state.md.us /district/forms/civil/dvcv65br.html (1074 words)

	Bank Account or Wage Garnishments (Site not responding. Last check: 2007-10-13)
		If you are garnishing wages or bank account, you may receive payment or a letter within 4 to 6 weeks.
		Garnishing Wages: The employer has 20 days to respond to the interrogatory.
		However, it is up to the employer to determine the amount of net pay to be garnished from the defendants paycheck.
	www.co.clark.nv.us /Constable/bank.garnishment.htm (187 words)

	Garnishment
		Garnishment of wages is a seizure of wages while they are still in the control of the employer, and have not yet been paid out to the employee.
		Garnishment of wages can be accomplished only by a court order directed to the employer and no such court order can be issued without fair notice to the debtor/wage earner.
		Federal laws such as IRS garnishment procedures may be used to garnish wages of Pennsylvania residents, but only through the federal court system.
	www.gregartim.com /garnishment.htm (294 words)

	Administrative Wage Garnishment - A Guide For Employers
		If, for example, that employee is currently being garnished for student loan debts under two separate orders for 10% withholding, Education's newly-received order must be honored to the extent of the remaining 5% of the employee's disposable pay.
		Administrative Wage Garnishments do not depend on a judgment, neither the issuance of a garnishment order nor other collection actions are reported by the Department to credit bureaus, or included in reports issued by the bureaus.
		If the first in time garnishment results in a withholding of less than 25% of the employee's disposable pay, the U.S. Department of Education's (ED) wage garnishment order is still operable to the extent that no more than 25% of the employee's disposable pay is garnished in total (either single or multiple garnishments).
	www.ed.gov /offices/OSFAP/DCS/awg.employers.guide.faq.html (2390 words)

	GARNISHMENT OF MILITARY PAY
		Garnishment is the seizure of a soldier’s military pay or other assets, such as a bank account, for the purpose of satisfying the soldier’s debt.
		The garnished payments will continue until the garnishment order has been satisfied, until the soldier goes back to court and has the court stop it, or the soldier’s military pay stops.
		Garnishment can also be used to collect past due support from federally employed civilians.
	www.monmouth.army.mil /monmessg/newmonmsg/jan102003/m2support.htm (933 words)

	Garnishment of my husbands bank account - Legal Help (Site not responding. Last check: 2007-10-13)
		It was garnished on Jan 21st, and we didn't know it about the first week in Feb. We don't know what we can do, or if there is anything we can do.
		That document will at least let you know why the garnishment was implemented, and may provide you with some information on how to challenge the garnishment.
		Information on the procedure that is supposed to be followed for a garnishment authorized by a court is set forth in Rule 64d of the Utah Rules of Civil Procedure.
	www.expertlaw.com /forums/about616.html (847 words)

	Garnishment (Site not responding. Last check: 2007-10-13)
		This policy establishes The School's rights and obligations with regard to garnishment of an employee's wages in order that it may apply toward the payment of the employee's debt to a third person.
		(1) Garnishment for collection of tax for North Carolina or a political subdivision thereof may be up to 10 percent of all the gross wages due for a one month period.
		(2) Garnishment for collection of Federal Tax will be any specified amount up to and including all the net wages due for a specific pay period, except for a per week dollar amount basic exclusion and a per week dollar amount for each dependent of the employee as specified by the IRS.
	www.wfubmc.edu /wfusm_hr/policy/garnish.html (257 words)

	Garnishment (Site not responding. Last check: 2007-10-13)
		Federal law authorizes the pay of active, reserve, and retired members of the military and the pay of civilian employees of the Federal government to be garnished (or attached) for the payment of child and/or spousal support.
		In order to implement a garnishment or wage attachment against any member of the military or any civilian employee of the Department of Defense (DOD), an income withholding order, or similar process, must be served upon DFAS at the following address:
		Garnishment is limited, by law, according to the either:
	www.military.com /Resources/ResourcesContent/0,13964,30817-mil_status_guard-1,00.html (410 words)

	Garnishment of Retired Pay
		Retired pay may be garnished for enforcement of a retired soldier's legal obligations to provide child support or make alimony payments.
		The garnishment amount is limited to 50 percent of disposable pay if the retiree is supporting a second family, and 60 percent if the retiree is not supporting a second family.
		Compensation paid by VA is garnishable if the retired retiree waived all or part of his or her retired pay in order to receive such compensation from VA. All other VA compensation (e.g., pension, payments for service-connected disability or death) may not be garnished.
	www.military.com /Resources/ResourcesContent/0,13964,31660--1,00.html (308 words)

	Garnishment
		Garnishment is one of the several ways in which the law allows a creditor to obtain payment.
		The creditor must also send you a Garnishment Notice or Wage Deduction Notice that tells you that you may ask for a hearing to dispute the garnishment or wage deduction and to claim your exemptions and where to write to request the hearing.
		Your employer may not suspend or discharge you because of wage deduction proceedings involving you and your wages.
	www.chicagobar.org /public/diallaw/55.asp (701 words)

	garnishment on Encyclopedia.com
		GARNISHMENT [garnishment] in law, means of requiring a third party who holds a debt (including wages) due a defendant to retain the property temporarily.
		The garnishment consists of a warning, in the form of a judgment, to the third party, called the garnishee, not to deliver the goods or money due to the defendant, but to hold them in trust pending the outcome of the plaintiff's suit.
		ADP introduces sophisticated garnishment service; saves employers time and money by relieving them of the manual, complex and burdensome tasks of processing garnishments.
	www.encyclopedia.com /html/g1/garnishm.asp (655 words)

	DFAS Garnishment (Site not responding. Last check: 2007-10-13)
		DFAS Cleveland processes all court ordered garnishment for child support, alimony and commercial debts for all military members and all civilian employees paid by DFAS, plus court ordered divisions of military retired pay under the Uniformed Services Former Spouses' Protection Act.
		If you are receiving your garnishment support payment from a military retiree, directly from DFAS-Retired Pay, you may now have your payment sent by electronic fund transfer (EFT) to your financial institution.
		Garnishment Operations hours of operation are 7:30 AM to 6:00 PM Eastern Standard Time.
	www.dod.mil /dfas/money/garnish (766 words)

	Garnishment
		The provisions of the CCPA are administered and enforced by the Department of Labor, Employment Standards Administration, Washington, DC.
		If garnishment is permitted in your state, generally the creditor must obtain a judgment against you in civil court before they can garnish your wages.
		In states where garnishment is legal, there is normally a limitation of 20% to 25% of net resources or disposable income.
	www.cccsintl.org /susan/garn.htm (1405 words)

	Lawsuit rights concerning garnishment and attachment
		To most common methods of attempting to execute on a judgment are called garnishment and attachment.
		Garnishment: allows the creditors to take something of yours in the hands of another person or institution; for example, your employer or your bank.
		File copies of the affidavit with the Court and the judgment creditor.If a bank account is garnished, it is wise to give a copy of the affidavit to the bank.
	www.washoelegalservices.org /lawsuit.htm (1130 words)

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