When a creditor obtains a court order to garnish an employee’s wages to pay off a debt, the employer must comply with the order and deduct the specified amount from the employee’s pay. But, does the employer have to notify the employee of the wage garnishment?
Generally, state laws don’t require employers to notify you in advance before garnishing wages. Nor are they required to give you a period of time to dispute the debt or garnishment. However, your employer should, as a courtesy, provide you with a copy of the notice.
That said, it could be help to dig deeper into the Consumer Credit Protection Act (CCPA). For example, it provides certain restrictions in how a employer can interact with an employee that is facing garnishment.
The CCPA also limits the amount that can be garnished from an employee’s wages. In most cases, an employer cannot garnish more than 25% of an employee’s disposable income or the amount by which an employee’s disposable income exceeds 30 times the federal minimum wage, whichever is lower.
It’s important for employees to be aware of their rights and options when it comes to wage garnishment. If you have received notice of garnishment or are experiencing garnishment of your wages, it may be advisable to seek legal assistance to understand your rights and options.
What Can You Do If Your Employer Did Not Notify You of A Garnishment?
If you have discovered that your wages are being garnished and your employer did not notify you in advance, you may be wondering what your rights are and what steps you can take. Here are a few things to consider:
- Your employer is required to follow the garnishment order: Even if your employer did not notify you of the garnishment, they are still required to follow the court order and deduct the specified amount from your pay. However, your employer may be able to provide you with more information about the garnishment and the creditor seeking the garnishment.
- You may be able to challenge the garnishment: If you believe that the garnishment is in error or that you do not owe the debt, you may be able to challenge the garnishment. This may involve negotiating with the creditor to resolve the issue or disputing the debt in court.
- You may be able to seek relief from the garnishment: Depending on your financial situation, you may be able to seek relief from the garnishment through bankruptcy or by negotiating a payment plan with the creditor. An attorney can help you understand your rights and options and may be able to help you negotiate a resolution.
It’s important to remember that wage garnishment can be a complex and confusing process, and it’s important to understand your rights and options if you are experiencing garnishment of your wages. If you have questions or concerns, it may be advisable to seek legal assistance to help you navigate the process.