Wage Garnishment

News & Analysis as of

How Facebook Can Help You Eliminate a Default Judgment

Every single day I meet with people in my law practice who come to me with a wage garnishment stemming from a judgment that, until now, they had no knowledge of. In order to garnish wages it is generally necessary to file a...more

Garnishment Order Based on an Original Judgment Entered in a Maryland Court Sufficient to Garnish Wages of a Non-resident

In Daniel M. Mensah v. MCT Federal Credit Union, No. 54, Sept. Term, 2015 (Opinion by Battaglia, J.), the Maryland Court of Appeals, Maryland’s highest court, addressed an issue of first impression regarding wage...more

Labor & Employment E-Note - February 2016

The U.S. Department of Labor ("DOL") recently announced that its long awaited changes to the federal overtime regulations will be published in July 2016. The revised regulations, which were first discussed in March 2014, are...more

I Forgot to Respond to a Garnishment. Now What?

If you are a business owner and have employees, at some point you will receive a garnishment. Garnishment is a post-judgment process that allows a judgment creditor to acquire the judgment debtor’s assets (property or...more

Gavel to Gavel: Complying with garnishments

On the whole, most employers do an admirable job of keeping up with the ever-changing statutes and regulations that apply to the employer-employee relationship. Wage garnishments, however, are often overlooked by...more

Arizona’s Default Judgment Problem

Arizona has a default judgment problem. Every day I meet with families and individuals who have been notified that their wages are about to be garnished based upon a default judgment entered years ago that they didn’t even...more

Wage Garnishment Rules Will Change in 2016

Senate Bill 501 changes the amount of an employee’s weekly earnings that would be exempt from a wage garnishment order in California. Currently the amount subject to garnishment cannot exceed the lesser of 25% of the...more

Employment Law Reporter – December 2015/January 2016

New Laws for 2016 - Thousands of laws are introduced each year at the state and federal level. While only a fraction of these become law, tracking the most important laws can be a daunting task. But never fear, we have...more

The Employment Law Authority - November/December 2015

A federal appellate court recently dismissed a lawsuit brought by a paramedic who claimed that his employer unlawfully placed him on alternative duty after he refused to participate in a wellness program. According to the...more

Attention California Employers: New Employment Laws Affecting Your Business Take Effect on January 1, 2016

In past years the Governor of California has enacted new laws related to employment that place additional burdens on employers, while granting additional rights to employees. This year is no exception. Although there is some...more

Wage Exemption Amount for Restraining Notices and Levies under New York State Law to Increase to $2,160 as of December 31, 2015

Under New York’s Exempt Income Protection Act (“EIPA”), certain funds in deposit accounts are exempt from most restraining notices and levies. One exemption under the EIPA is for an amount deemed to be protected wages, with...more

CFPB Orders Auto Finance Company to Pay Over Three Million for Alleged Unfair Debt Collection Practices

On October 28, the CFPB filed an administrative order against an Ohio-based auto lender specializing in extending credit to servicemembers. The CFPB alleged that the company violated the CFPA by engaging in unfair, abusive,...more

CFPB Continues to Take Action Against Offenders in Debt Collection Services

CFPB Takes Action Against Servicemember Auto Lender Security National Automotive Acceptance Company - On October 28, 2015, the Consumer Financial Protection Bureau (CFPB) filed an administrative order against Security...more

Summary of Key New California Laws for 2016: What Employers Should Know

Governor Brown has signed several laws impacting California employers. A summary of some of the key new laws follows. The effective date of the particular new law is indicated in the heading of the Assembly Bill (AB) and/or...more

California Enacts a Raft of New Employment Legislation

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state.  These statutes are in...more

Invalidation of Georgia Garnishment Statute – Now What?

On September 8, 2015, a federal district court invalidated a portion of the Georgia post-judgment garnishment statute in Strickland v. Alexander, No. 1:12-CV-02735-MHS (N.D. Ga.). Senior Judge Marvin Shoob found that the...more

Georgia Wage Garnishments Resume after Revised Order

Nearly one month after Federal Judge Marvin Shoob, of the United States District Court for the Northern District of Georgia, ruled that Georgia's garnishment law is unconstitutional, on Monday, October 5, 2015, Judge Shoob...more

Return to Sender: The Boomerang of Garnishment Checks Back to Georgia Employers

Across Georgia, employers are opening their mailboxes to discover that courts have returned checks that employers previously submitted to satisfy garnishment actions. This is the result of decisions by many courts across...more

U.S. District Court Declares Georgia Wage Garnishment Statute Unconstitutional

On September 8, 2015, the United States District Court for the Northern District of Georgia entered an Order declaring Georgia’s post-judgment garnishment statue, O.C.G.A. § 18-4-60 et seq., unconstitutional.  Strickland v....more

Eleventh Circuit Holds That The FDCPA Applies To Litigation Conduct Directed At Non-Consumers, But Declines To Adopt Or Reject The...

Though it eventually reached the Eleventh Circuit, the Court’s decision in Miljkovic v. Shafritz & Dinkin, P.A., — F. 3d. –, No. 14-13715, 2015 WL 3956570 (11th Cir. June 30, 2015), had its origins in Florida state court,...more

Employers Obtain Relief From Oppressive and Risky Michigan Wage Garnishments

A wage garnishment is a court order that assists plaintiffs with the collection of judgments. Such an order requires an entity to withhold money (i.e., wages) owed to a judgment debtor and divert it to a judgment creditor in...more

Debt Collectors Gone Wild!

Recently I spoke with a client who came really close to pulling out his wallet and sending thousands of dollars to a debt collector who had threatened and intimidated him and his family. You may be thinking – “how stupid – I...more

Top 5 Consumer Articles in 2014!

Each year on New Year’s Eve I like to take a look back at the articles I published and which ones helped the most people. During 2014 over 85,000 people from 146 countries read the articles on my blog! It always amazes the...more

2014 Employment and Labor Law Final Exam Answer Key

Thank you to everyone who participated in this year’s Employment and Labor Law Final Exam. We hope the exam was challenging and informative. Congratulations to Margi Fleming and Danisha Sheppard. Both Margi and Danisha will...more

Wage Exemption Amount for Restraining Notices and Levies under New York State Law to Increase to $2,100 as of December 31, 2014

Under New York’s Exempt Income Protection Act (“EIPA”), certain funds in deposit accounts are exempt from most restraining notices and levies. One exemption under the EIPA is for an amount deemed to be protected wages, with...more

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