Garnishment - Louisiana

Summary of differences between federal and state regulations

The statutes of the state of Louisiana generally follow the federal rule in this matter.

State

Contact

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

Regulations

RS 13:3921 Judgment fixing portion subject to seizure, payment to creditor and processing fee

B.  The court shall also provide in the judgment for a processing fee of three dollars to be deducted by the employer from the nonexempt income of the employee for each pay period during which the judgment of garnishment is in effect.  The processing fee shall be for the costs of the employer in complying with the judgment of garnishment.

http://legis.la.gov/Legis/Law.aspx?d=77647

RS 43:236.3. Enforcement of support by income assignment

The state allows a processing fee of five dollars for family and child support. “The payor may deduct a five-dollar processing fee from the income of the person ordered to pay support per each pay period or per singular or periodic payment during which the income assignment order is in effect.”

http://legis.la.gov/Legis/Law.aspx?d=100632

RS 23:731 Assignment of earnings

No person shall be discharged from employment nor denied employment because of a voluntary assignment or a single garnishment of earnings.  Any person so discharged shall have a right to reinstatement and back pay, but shall not have a right to damages.  Any person denied employment solely because of a voluntary assignment or garnishment of wages shall have a right to reasonable damages.  A person may, however, be discharged from employment if his earnings are subjected to three or more garnishments for unrelated debts in a two year period, but no garnishment resulting from an accident or illness causing a person to miss ten or more consecutive days at work shall be considered for purpose of this provision.

http://legis.la.gov/Legis/Law.aspx?d=83970

RS 13:3925 Idebtedness of employee to employer

C. The provisions of this Section shall not grant a preference over the enforcement of child support.

http://legis.la.gov/Legis/Law.aspx?d=77651

RS 13:3926 Employee working on commission

If in response to such interrogatories the employer sets forth that the employee works on a commission basis, the employer shall make a full disclosure of the terms of employment, the amount of the commission and the method of payment of such commission and the dates on which settlements are made with the employee.  The court thereupon shall render a judgment ordering a full accounting to be made at each date when such settlements are made and upon the filing of such accounting, the court shall fix the exempt portion and order the non-exempt portion paid in satisfaction of whatever judgment may be rendered.

http://legis.la.gov/Legis/Law.aspx?d=77652

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)