Garnishment - Utah

Summary of differences between federal and state regulations

In most respects, the state of  Utah follows the federal rule on garnishment.

Limitations on garnishment

The state of Utah has several codes and civil procedural rules which address garnishment of wages.

State

Contact

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

Regulations

Utah Code of Civil Procedures, 64D Garnishment

(d)(viii) The maximum portion of the aggregate disposable earnings of defendant (if an individual) becoming due the defendant which is subject to garnishment is the lesser of:

(d)(viii)(A) Twenty-five per centum of defendant's disposable earnings (fifty per centum for a garnishment to enforce payment of a judgment arising out of failure to support dependent children) computed for the pay period for which the earnings accrued; or

(d)(viii)(B) The amount by which the defendant's aggregate disposable earnings computed for the pay period for which the earnings accrued exceeds the number of weeks in the period multiplied by thirty times the federal minimum hourly wage prescribed by the Fair Labor Standards Act in effect at the time the earnings are payable.

Utah Code Ann. §62A-11-316. Requirement to honor voluntary assignment of earnings – Discharge of employee prohibited – Liability for discharge – Earnings subject to support lien or garnishment.

(2) An employer may not discharge or prejudice any employee because his earnings have been subjected to support lien, wage assignment, or garnishment for any indebtedness under this part. 

(3) If a person discharges an employee in violation of Subsection (2), he is liable to the employee for the damages he may suffer, and, additionally, to the office in an amount equal to the debt which is the basis of the assignment or garnishment, plus costs, interest, and attorneys' fees, or a maximum of $1,000, whichever is less

Utah Code Ann. §62A-11-316. Requirement to honor voluntary assignment of earnings – Discharge of employee prohibited – Liability for discharge – Earnings subject to support lien or garnishment.

(4) The maximum part of the aggregate disposable earnings of an individual for any work pay period which may be subjected to a garnishment to enforce payment of a judicial or administrative judgment arising out of failure to support dependent children may not exceed 50% of his disposable earnings for the work pay period.

Utah Code Ann. §62A-11-406. Notice to payor.

Upon compliance with the applicable provisions of this part the office shall mail or deliver to each payor at the payor's last-known address written notice stating: 

(1) the amount of child support to be withheld from income;

(2) that the child support must be withheld from the obligor's income each time the obligor is paid, but that the amount withheld may not exceed the maximum amount permitted under Section 303 (b) of the Consumer Credit Protection Act, 15 U.S.C. Sec. 1673(b); 

(3) that the payor must mail or deliver the withheld income to the office within seven business days of the date the amount would have been paid or credited to the employee but for this section;

(4) that the payor may deduct from the obligor's income an additional amount which is equal to the amount payable to a garnishee under Rule 64D of the Utah Rules of Civil Procedure, as the payor's fee for administrative costs, but the total amount withheld may not exceed the maximum amount permitted under Section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. Sec. 1673(b); 

(5) that the notice to withhold is binding on the payor and on any future payor until further notice by the office or a court;

(6)(a) that if the payor fails to mail or deliver withheld income to the office within the time period set in Subsection (3), the payor is liable to the office for a late fee of $50 or 10% of the withheld income, whichever is greater, for each payment that is late, per obligor; and 

(6)(b) that if the payor willfully fails to withhold income in accordance with the notice, the payor is liable to the office for $1,000 or the accumulated amount the payor should have withheld, whichever is greater, plus interest on that amount;

(7) that the notice to withhold is prior to any other legal process under state law;

(8) that the payor must begin to withhold income no later than the first time the obligor's earnings are normally paid after five working days from the date the payor receives the notice;

(9) that the payor must notify the office within five days after the obligor terminates employment or the periodic income payment is terminated, and provide the obligor's last-known address and the name and address of any new payor, if known;

(10) that if the payor discharges, refuses to employ, or takes disciplinary action against an obligor because of the notice to withhold, the payor is liable to the obligor as provided in §62A-11-316 and to the office for the greater of $1,000 or the amount of child support accumulated to the date of discharge which the payor should have withheld, plus interest on that amount; and

(11) that, in addition to any other remedy provided in this section, the payor is liable for costs and reasonable attorneys' fees incurred in enforcing any provision in a notice to withhold mailed or delivered to the payor's last-known address.

Utah Code Ann. §62A-11-410. Violations by payor.

A payor may not discharge, refuse to hire, or discipline any obligor because of a notice to withhold served by the office under this part, or because of a notice or order served by an oblige in a civil action for income withholding.

Utah Code Ann. §70C-7-104. No discharge from employment for garnishment.

No employer may discharge any employee because his earnings have been subject to garnishment in connection with any one judgment.

Utah Code: Title 70C Utah Consumer Credit Code: Chapter 7 Remedies and Penalties: Part 1 Limitation on Creditor’s Remedies: 70C-7-103. Definitions – Limitation on garnishment

No discharge from employment for garnishment

Utah Code: Title 70C Utah Consumer Credit Code: Chapter 7 Remedies and Penalties: Part 1 Limitation on Creditor’s Remedies: 70C-7-104. No discharge from employment for garnishment

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)