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Q - A: Determining the validity of a wage garnishment notice

June 2020 employment law letter
Authors: 
Alyssa L. Lazar, Steptoe & Johnson PLLC

Q We received a wage garnishment notice for an employee who has been laid off temporarily, but the documents don't look legitimate. What do we look for to confirm if this is a legitimate wage garnishment we need to follow?

According to a recent study by ADP Research Institute, approximately seven percent of employees in America have their wages garnished every year. Therefore, it's likely you, as an employer, will encounter an employee who needs her wages garnished. Here are some helpful tips to determining the validity of the wage garnishment notice.

A wage garnishment notice is a court order telling you to send part of your employee's wages to pay a court judgment against her. The order will state the exact amount of money owed as of that date.

You are entitled to receive a copy of the garnishment order from the court issuing it. If the notice comes from an employee or an entity besides a court or government agency, it might be wise to question its validity before making payments. Generally, however, you can anticipate a wage garnishment notice in the following situations:

  • Alimony;
  • Child support;
  • Default of a student loan;
  • Unpaid taxes;
  • Medical bills; and
  • Other consumer debts.

You should be wary if you receive a wage garnishment notice governing a situation that falls outside those examples.

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