Garnishment - Connecticut

Summary of differences between federal and state regulations

The state of Connecticut has several state statutes which affect garnishment.

State

Contact

Questions regarding a wage garnishment order should be directed to the court which issued the order.

Regulations

chapter 906 Postjudgment Procedures, §52-361a. Execution on wages after judgment, (f) Amount subject to levy.

The maximum part of the aggregate weekly earnings of an individual which may be subject under this section to levy or other withholding for payment of a judgment is the lesser of:

1. twenty-five per cent of his disposable earnings for that week, or
2. the amount by which his disposable earnings for that week exceed forty times the higher of (A) the minimum hourly wage prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938, USC Title 29, section 206(a)(1), or (B) the full minimum fair wage established by subsection (j) of section 31-58, in effect at the time the earnings are payable. Unless the court provides otherwise pursuant to a motion for modification, the execution and levy shall be for the maximum earnings subject to levy and shall not be limited by the amount of the installment payment order. Only one execution under this section shall be satisfied at one time. Priority of executions under this section shall be determined by the order of their presentation to the employer.

www.cga.ct.gov/current/pub/chap_906.htm#sec_52-361a

chapter 906 Postjudgment Procedures, §52-361a. Execution on wages after judgment, (g) Employer responsibilities.

Any employer served with a wage execution, including the state and any municipality, shall, upon expiration of the automatic stay of execution and subject to any further stay pursuant to a claim, pay over to the levying officer such portion of the judgment debtor's nonexempt earnings as the execution prescribes until the judgment is satisfied or the execution modified or set aside. The payments to the levying officer in compliance with the execution shall bar any action against the employer for such payments. If the employer fails or refuses to pay the earnings levied against to the levying officer, the employer may be subjected to a turnover order pursuant to section 52-356b and, on a finding of contempt, may be held liable to the judgment creditor for any amounts which he has so failed or refused to pay over. Any amount so recovered by the judgment creditor shall be applied toward payment of the judgment.

www.cga.ct.gov/current/pub/chap_906.htm#sec_52-361a

Federal

Contact

US Department of Labor

www.dol.gov/general/topic/wages/garnishments

Regulations

Federal law limits the amount of wages that can be garnished, in most cases, to 25 percent of weekly earnings after taxes. If more that one garnishment order exists against an individual, the total amount cannot exceed the maximum set by law. Some government obligations, such as back taxes and child support, always have precedence.

29 CFR Part 870 (15 USC §1671)