Wage Garnishment

News & Analysis as of

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

2014 Employment and Labor Law Final Exam

It’s time once again to test your employment and labor law knowledge with Nexsen Pruet’s fourth annual final exam. From new legal decisions to black letter statutory law, it’s your chance to show off your legal prowess....more

How Bankruptcy Stops Arizona’s Wage Garnishment Law Dead in Its Tracks

Imagine losing a full quarter of your paycheck. Terrifying, right? That is what happens when wages are garnished in Arizona. After meeting with thousands of families over the last eleven years I have come to realize that...more

How Wage Garnishment Works in Arizona

While there is no good time to have your wages garnished it seems that many people get hit at the worst possible time. In Arizona once a creditor has sued you and has a judgment against you they can garnish up to 25% of each...more

Wage Garnishments—A Big Problem with Solutions on the Horizon

Today, much-needed attention is being paid to wage garnishments. National Public Radio (NPR) released a story concerning the increasing use of wage garnishments to collect debts. The NPR piece relies on a report also released...more

Employment Law 101: Child And Spousal Support

Who, What, Why . . . Who does it apply to - All Texas employers are required to respond to garnishment requests. ...more

OCC Issues Booklet On Wage Garnishment

On April 1, the OCC issued a booklet titled “Garnishment of Accounts Containing Federal Benefit Payments.” The booklet, a new addition to the Comptroller’s Handbook, includes interagency guidance and examination procedures...more

OCC Issues Garnishment Guidance

On April 1, the Office of the Comptroller of the Currency (OCC) issued the “Garnishment of Accounts Containing Federal Benefit Payments” booklet, which is new to the Comptroller’s Handbook. The booklet contains interagency...more

Michigan Employers May Soon Obtain Relief From Oppressive And Risky Wage Garnishments

An order for a wage garnishment is surprisingly complex to administer and very risky for employers. For instance, if an employer does not answer a garnishment within 14 days or do any other act required by the court, it is...more

Autopsy of a Debt Collection Lawsuit – How to Overturn a Default Judgment in Arizona

Autopsy of a Debt Collection LawsuitRecently I read an article that said nearly 98% of debt collection lawsuits ended up in a default judgment. A default judgment is entered with the person getting sued doesn’t respond to...more

Complying With Wage Garnishments in Texas—What You Need to Know

When you have tens of thousands of employees, it is very likely that your payroll and human resources (HR) departments receive wage garnishment orders for employees every week. Texas law is restrictive in this area, and it is...more

Tips for Garnishee Employers, Part Two: A Light at the End of the Tunnel? Relief From Your Woes May Be in Sight

In part one of this two-part series on garnishments, I discussed the consequences employers face if they mishandle garnishment orders. In part two, I address one of the hurdles that employers face when trying to comply with...more

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