Is PA a wage garnishment state?

In Pennsylvania, wage garnishments are only permitted under very limited circumstances. Pennsylvania’s wage garnishment laws go further by limiting the type of debt a creditor can use a wage garnishment for, as well as the amount that a creditor can seize or “garnish” from your wages.

Can a Pennsylvania debtor have his wages garnished?

It is possible that under certain circumstances, a Pennsylvania debtor could have his or her wages garnished by a court in a different state, but (1) there would have to be a connection to that state; and (2) garnishment would be governed by that other state’s laws. Remember, 100% of wages and salary are exempt from creditors in Pennsylvania.

How does an employer pay for a wage garnishment?

Accordingly, the employer must deduct the amount of the garnishment from the paycheck of the employee. The employer, therefore, pays part of the employee’s compensation to the judgment creditor and the remainder to the employee. Employers, hence, receive a notice of garnishment.

Can you sue for out of state wage garnishment?

The employee often threatens to sue the employer claiming that an out-of-state garnishment is not valid and/or that the exemption rules of the state where the employee works prohibit creditor wage garnishments. These arguments most often arise from employees working in Texas, North Carolina, South Carolina, and Pennsylvania.

How much can you garnish for back rent in PA?

Here are some examples of garnishment amounts in Pennsylvania. Back rent. In Pennsylvania, garnishments to satisfy judgments for back rent on a residential lease are limited to 10% of net wages provided the garnishment does not cause your salary to fall below the federal poverty guidelines.

Why is there a wage garnishment law in Pennsylvania?

Federal wage garnishment laws exist to ensure that you have funds to pay living expenses. Pennsylvania’s wage garnishment laws go further by limiting the type of debt a creditor can use a wage garnishment for, as well as the amount that a creditor can seize or “garnish” from your wages.

Is the wage garnishment law the same as the CCPA?

The wage garnishment law specifies that the garnishment restrictions do not apply to certain bankruptcy court orders, or to debts due for federal or state taxes. If a state wage garnishment law differs from the CCPA, the law resulting in the smaller garnishment must be observed.

What are the guidelines for wage garnishment in the US?

1 82% of disposable earnings if the debtor’s gross weekly wages are $770 or less 2 75% of disposable earnings if the debtor’s gross weekly wages exceed $770 3 50 times the federal minimum wage

Can you go to jail for debt in Pennsylvania?

You can’t be prosecuted criminally or be sent to jail for failing to pay ordinary debts. (You can, however, be criminally prosecuted for failing to pay some special kinds of debts such as child support, fines, or debts caused by fraud, bad checks, or theft.)

Can a court order a garnishment in PA?

Garnishment of wages can only 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. Other than the kinds of debt listed above, no other debt or legal obligation can give rise to wage attachment in Pennsylvania.

Is there a minimum wage garnishment in Pennsylvania?

Most other states either follow federal law or have maximum wage garnishment thresholds similar to those under federal law. In those states, the lesser of the following may be garnished: 25% of disposable income. The amount by which a debtor’s weekly income exceeds 30 times the minimum wage.

How much of my wages can be garnished?

How much of my wages can be garnished? There’s a limit to how much creditors can garnish from your wages. Under federal law, the garnishment amount can’t be more than 25% of your net (take home) pay, or the amount by which your take home exceeds 30 times the federal minimum wage (currently set to $7.25/hour), whichever is less. [ 1]

Can a federal garnishment be used in Pennsylvania?

Other than the kinds of debt listed above, no other debt or legal obligation can give rise to wage attachment in Pennsylvania. Federal laws such as IRS garnishment procedures may be used to garnish wages of Pennsylvania residents, but only through the federal court system.

How long does it take to garnish wages in PA?

Foreign judgments, which means judgments issued by a non-Pennsylvania court, must be enforced within 4 years, too. A judgment of a Pennsylvania court must be enforced within 5 years. Remember: the fact that Pennsylvania does not allow wages or salary to be garnished does not make a Pennsylvania debtor “judgment…