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Wage garnishment Pennsylvania

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  • Wage garnishment Pennsylvania

    Creditor obtained judgment in another state.

    Has order for garnishment of wages.

    Sends order to PA employer requesting garnishment. Is PA employer required to follow order? I thought wages were exempt from garnishment in PA?

    TIA

  • #2
    Originally posted by LaborLawNJ View Post
    Creditor obtained judgment in another state.

    Has order for garnishment of wages.

    Sends order to PA employer requesting garnishment. Is PA employer required to follow order? I thought wages were exempt from garnishment in PA?

    TIA
    You might be right. PA is not my state so I looked it up in the BNA payroll library and came up with the following. This is not definitive but seems to support what you said. You might want to try to look up the referenced statutes and see if those help.

    Who issued the order? A PA court or an out of state court?

    Amount Subject to Withholding
    Garnishment is permitted only for:
    • delinquent taxes,
    • higher education assistance loans,
    • damages awarded to a creditor-landlord arising out of a residential lease, or
    • board or lodging for four weeks or less.


    Reference Citations
    42 Pa. Cons. Stat. §§ 8123, 8124, 8127
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Judgment is from out of state court, employee works and lives in PA.

      Do you think this changes things?

      Thanks for the references.

      Comment


      • #4
        Originally posted by LaborLawNJ View Post
        Do you think this changes things?
        Not a clue. PA is not my state, and state law does not agree on much of anything. I would suggest that maybe you websearch the PA law references I cited.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          DAW, I think child support is subject to garnishment in PA too, although I recognize it isn't included in the reference you found. I'm not sure why. I have had several employees and mental health clients who have been garnished for delinquent child support.
          I know the OP asked about a "creditor," and I admit I don't know about that. But I just wanted to include for readers that wages are routinely garnished for delinquent child support in PA, from in-state and out-of-state courts.

          Here's an official PA site that mentions it, so it must exist:
          https://www.humanservices.state.pa.u...tionIdBottom=3
          Last edited by TSCompliance; 09-25-2007, 05:40 PM. Reason: found link

          Comment


          • #6
            100% of wages are exempt from a creditor garnishment in Pa.

            Pennsylvania: GENERAL GARNISHMENT EXEMPTIONS - 100% of wages, certain pensions, retirement accounts & Keogh plan under certain circumstances and $300.00.

            There are some exceptions where they can garnish wages - ie ..taxes, child support, Federal student loans, court ordered fines or restitution for debt incurred by a criminal act.
            Last edited by Betty3; 09-25-2007, 06:25 PM. Reason: add add'l. info
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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            • #7
              Originally posted by TSCompliance View Post
              DAW, I think child support is subject to garnishment in PA too, although I recognize it isn't included in the reference you found. I'm not sure why.
              Agreed, although technically under the federal CCPA law, a child support order is not a "garnishment" per se. Of course, neither a tax withholding order, so I am not certain why BNA is wording it that way.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment

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