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Summary of differences between federal and state regulations
The state of Maine has several statutes addressing garnishment of wages.
State
Contact
Questions regarding a wage garnishment order should be directed to the court which issued the order.
Regulations
MRS, 9-A, §5-105 Limitation on garnishment
2. The maximum part of the aggregate disposable earnings of an individual for any workweek that is subjected to garnishment to enforce payment of a judgment arising from a consumer credit transaction may not exceed the lesser of:
A. Twenty-five percent of the individual's disposable earnings for that week;
B. The amount by which the individual's disposable earnings for that week exceed 40 times the Federal minimum hourly wage prescribed by Section 6(a)(I) of the Fair Labor Standards Act of 1938, U.S.C. tit. 29, § 206(a)(I), in effect at the time the earnings are payable; or
C. In the case of earnings for a pay period other than a week, the administrator shall prescribe by rule a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph B.
http://www.mainelegislature.org/legis/statutes/9-A/title9-Asec5-105.html
MRS, 9-A, §5-106 No discharge from employment for garnishment
No employer shall discharge an employee for the reason that a creditor of the employee has subjected or attempted to subject unpaid earnings of the employee to garnishment or like proceedings directed to the employer for the purpose of paying a judgment arising from a consumer credit transaction.
http://www.mainelegislature.org/legis/statutes/9-A/title9-Asec5-106.html
MRS, 14, §5-3127-B Order to employer or payor of earnings
The employer or other payor served with the order shall calculate the maximum dollar amount of the employee's disposable earnings which may be applied to the debt under section 3126-A by using the form answer attached to the order. Within 20 days of service of the order, the employer or other payor of earnings shall:
A. File the completed form answer with the court;
B. Serve copies of the answer on the judgment debtor and the judgment creditor in the manner provided in the Maine Rules of Civil Procedure, Rule 5; and
C. Withhold from the employee and pay to the judgment creditor the amount of the previously ordered installment payment or the maximum dollar amount of the employee’s disposable earnings which may be applied to the debt, whichever amount is less, until the court orders otherwise or the debt is satisfied.
http://www.mainelegislature.org/legis/statutes/14/title14sec3127-B.html
MRS, 19-A, §2306 Immediate withholding of earnings
(2) Priority of order. Notwithstanding any other law, a withholding order under this section has priority over any previously filed attachment, execution, garnishment or assignment of earnings that is not made for the purpose of enforcing or paying a child support obligation.
(3) Obligations of payor of earnings. This subsection governs the obligations of a payor of earnings under this section.
(3)(A) Upon receipt of a copy of a withholding order, a payor of earnings to the responsible parent shall:
(3)(A)(1) Immediately begin to withhold earnings of the responsible parent when earnings are usually paid to the responsible parent; and
(3)(A)(2) Send each amount of earnings withheld to the department at the address set forth in the withholding order within 7 business days after each withholding.
http://www.mainelegislature.org/legis/statutes/19-A/title19-Asec2306.html
MRS, 19-A, §2652 Provisions of withholding order
An immediate income withholding order must provide for the withholding from the obligor's income of amounts payable as child support, effective from the date of the support order, regardless of whether child support payments by the obligor are past due. The withholding order must include:
1. Amount withheld. The amount of income to be withheld for payment of the obligor's current parental support obligation;
2. Department member number. The obligor's department support enforcement member number, if applicable, and if known to the court;
3. Payor instructions. An instruction to the payor that, upon receipt of a copy of the withholding order, the payor shall:
Immediately begin to withhold the obligor's income when the obligor is usually paid;
Send each amount withheld to the department at the address set forth in the order within 7 business days of the withholding; and
Identify each amount sent to the department by indicating the department's support enforcement member number, if known;
4. Notice regarding collection of arrearages. A notice that the withholding order may be used to collect arrearages in addition to current support;
5. Limitation on withholding. A notice that the amount of the withholding may not exceed the limitations imposed by 15 United States Code, Section 1673(b); and
6. Fees. A notice to the obligor and payor of income that the payor of income shall withhold and send to the department a fee of $2 per week in addition to the amount withheld for child support.
MRS, 19-A, § 2662 Payor liability
Upon service of an immediate income withholding order, a payor is liable for any income that the payor knowingly fails to withhold and send to the department within 7 business days of the day on which the obligor is usually paid. The department, or obligee if the obligee implemented the withholding order as a private action, may maintain a civil action against the payor for the income the payor does not withhold and send to the department as required by the withholding order and for the imposition of any of the civil penalties provided for in this section, plus attorney's fees and court costs.
1. Failure to withhold. A payor who knowingly fails to withhold income when income is usually paid to the obligor commits a civil violation for which a forfeiture not to exceed $100 for each failure to withhold may be adjudged.
2. Failure to send income withheld. A payor who knowingly fails to send income withheld to the department within 7 business days of its withholding commits a civil violation for which a forfeiture not to exceed $100 for each failure to timely send income withheld from an obligor may be adjudged.
3. Failure to notify. A payor who knowingly fails to send the notification required by section 2661 commits a civil violation for which a forfeiture not to exceed $100 may be adjudged.
4. Discrimination against obligors. A payor who discharges from employment or refuses to employ an obligor or who takes disciplinary action against an obligor employed by the payor or who otherwise discriminates against the obligor because of the existence of an income withholding order or the obligations imposed upon the payor by the order is subject to a civil penalty not to exceed $5,000, payable to the State, to be recovered in a civil action. The payor is also subject to an action by the obligor for compensatory and punitive damages for those actions, plus attorney's fees and court costs.
Federal
Contact
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.