Wage garnishment (also known as wage attachment or wage assignment) is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt such as child support, spousal or partner support, or a judgment in a civil lawsuit.
Title III of the federal Consumer Credit Protection Act (CCPA) prohibits an employer from discharging an employee whose earnings have been subject to garnishment for any one debt, regardless of the number of levies made or proceedings brought to collect it. Title III also limits the amount of an employee’s earnings that may be garnished in any one week. But it does not protect an employee from discharge if the employee's earnings have been subject to garnishment for a second or subsequent debts.
Title III applies to all individuals who receive personal earnings and to their employers. Personal earnings include wages, salaries, commissions, bonuses, and income from a pension or retirement program, but does not ordinarily include tips.
States also have laws governing wage garnishment, attachment, or assignment, and these laws vary from state to state.
In Virginia, wage garnishment is a legal process where a creditor can obtain a court order requiring an employer to withhold a portion of an individual's earnings for the payment of a debt. This can include obligations such as child support, alimony, taxes, student loans, or consumer debts. Under the federal Consumer Credit Protection Act (CCPA), there are limits on the amount that can be garnished from an employee's wages. Generally, the maximum that can be garnished is the lesser of 25% of disposable earnings or the amount by which an individual's weekly wages exceed 30 times the federal minimum wage. The CCPA also protects employees from being fired if their wages are garnished for a single debt, but this protection does not extend to multiple debts. Virginia state law further specifies procedures and exemptions for wage garnishment. For example, Virginia allows creditors to garnish up to 25% of disposable earnings or the amount by which weekly disposable earnings exceed 40 times the federal minimum hourly wage, whichever is less. Additionally, certain types of income, like Social Security benefits and unemployment compensation, are typically exempt from garnishment. It's important for both employers and employees to understand these regulations to ensure compliance with wage garnishment orders.