Garnishment - Pennsylvania

Summary of differences between federal and state regulations

The state of Pennsylvania has several statutes addressing garnishment of wages, but addresses child support garnishment only.

State

Contact

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

Regulations

23 Pa. Cons. Stat. Ann. § 4348

(j) Effect of compliance by employer.--Compliance by an employer with an order of attachment of income that is regular on its face operates as a discharge of the civil liability of the employer to the obligor as to that portion of the employment income of the obligor affected. An employer shall not be subject to criminal or civil liability to any individual or agency for conduct in compliance with the order. The employer may deduct from the income of the obligor 2 ‰ of the amount paid under the order for reimbursement of the expense in complying with the order. In no case shall the employer's reimbursement be deducted from the amount of the support order.

23 Pa. Cons. Stat. Ann. § 4348

(k) Effect of noncompliance by employer.--

(k)(1) An employer or officer or employee thereof who willfully fails to comply with an order of attachment under this chapter may, as prescribed by general rule, be adjudged in contempt and committed to jail or fined by the court.

(k)(2) The employer shall be liable for any amount the employer willfully fails to withhold from income due an employee under an order of attachment of income and any amount which is withheld from such income but not forwarded to the domestic relations office.

(k)(3) The court may, pursuant to general rule, attach funds or property of an employer.

23 Pa. Cons. Stat. Ann. § 4348

(l) Disciplinary action by employer prohibited.--

(l)(1) When an order of attachment on income is about to be or has been entered, an employer or officer or employee thereof shall not use the attachment or possibility thereof as a basis, in whole or in part, for the refusal to employ or for the discharge of an employee or for any disciplinary action against or demotion of an employee. In case of a violation of this subsection, the employer or officer or employee thereof may be adjudged in contempt and committed to jail or fined by the court.

(l)(2) Any employee aggrieved by a violation of this subsection shall have the substantive right to bring an action for damages by reason of such violation in a court of competent jurisdiction.

(l)(3) The department or a domestic relations section may impose a civil penalty of up to $1,000 per violation against any employer that willfully violates the provisions of this subsection or that willfully fails to withhold income or to pay such amounts to the State disbursement unit.

23 Pa. Cons. Stat. Ann. § 4348

(m) Certify income.--Upon request of the domestic relations section, the employer shall report and certify the income of an employee.

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)