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Encyclopedia > Garnishment

A garnishment is a means of collecting a judgment for money in which some third person (the garnishee) is ordered to pay money to the plaintiff which the garnishee owes to the defendant. A judgment or judgement, in a legal context, is synonymous with the formal decision made by a court following legal proceedings. ...


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. Such payments are limited by federal law in the United States to 25 per cent of the disposable income that the employee earns. Garnishments can be taken for any type of debt but common examples of debt that result in garnishments include: A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties before the court and requires or authorises the carrying out of certain steps by one or more parties to a case. ... Disposable income is the amount of an individuals total income left after taxes, plus any transfer payments (grants) received from the government or elsewhere, which is available for spending and saving. ...

Garnishments are taken as part of the payroll process. When processing payroll, sometimes there is not enough money in the employee's net pay to satisfy all of the garnishments. In such a case, the correct order to take a garnishment must be satisfied. For example, in a case with federal tax, local tax, and credit card garnishments, the first garnishment taken would be the federal tax garnishments, then the local tax garnishments, and finally, and garnishments for the credit card. In many countries, child support is the ongoing obligation for a periodic payment made by a non-custodial parent to a custodial parent, caregiver or guardian, for the care and support of children of a relationship or marriage that has broken down. ... A tax is an involuntary fee paid by individuals or businesses to a state, or to functional equivalents of a state, including tribes, secessionist movements or revolutionary movements. ... A judgment or judgement, in a legal context, is synonymous with the formal decision made by a court following legal proceedings. ... Payroll is one of a series of accounting transactions dealing with the process of paying employees for services rendered, after processing of the various requirements for withholding of money from the employee for payment of payroll taxes, insurance premiums, employee benefits, garnishments and other deductions. ... Net pay is the remaining amount after deductions from the gross salary (net means ultimate) Categories: Economics and finance stubs ...


At present four U.S. states — North Carolina, Pennsylvania, South Carolina and Texas — do not allow wage garnishment at all except for debts related to taxes, child support, federally-guaranteed student loans, and court-ordered fines or restitution for a crime the debtor committed. Several other states observe maximum thresholds that are lower than the 25 per cent maximum provided by federal law. State nickname: Tar Heel State Other U.S. States Capital Raleigh Largest city Charlotte Governor Michael Easley (D) Official languages English Area 139,509 km² (28th)  - Land 126,256 km²  - Water 13,227 km² (9. ... State nickname: The Keystone State Other U.S. States Capital Harrisburg Largest city Philadelphia Governor Ed Rendell Official languages None Area 119,283 km² (33rd)  - Land 116,074 km²  - Water 3,208 km² (2. ... State nickname: Palmetto State Other U.S. States Capital Columbia Largest city Columbia Governor Mark Sanford Official languages English Area 82,965 km² (40th)  - Land 78,051 km²  - Water 4,915 km² (6%) Population (2000)  - Population {{{2000Pop}}} (26th)  - Density 51. ... State nickname: Lone Star State Other U.S. States Capital Austin Largest city Houston Governor Rick Perry Official languages None. ...


The other type of garnishment, also known as attachment, requires the garnishee to deliver all the defendant's money and/or property in the hands of the garnishee at the time of service of process to the court, to be paid over to the plaintiff. 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.


  Results from FactBites:
 
Garnishment - Wikipedia, the free encyclopedia (368 words)
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.
Relating to garnishment; creating new provisions; amending ORS 12.085, 18.335, 23.160, 23.166, 23.425, 25.083, 25.372, ... (15842 words)
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.
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