Wage Garnishment in California is another procedure to satisfy debts. Infact, recent reports have suggested that it has become one of the most easiest ways to pay back the debts taken. A wage garnishment is actually a legal order that gives the employer authority to deduct part of a debtor’s earnings to satisfy the debt. This authority can only be thrust, provided their is a court order or legal procedure that gives the employer permission to do so.
Wage Garnishment California Law understands and uses the garnished wage to pay off debt related to credit card, child support or back taxes. There are many factors that define a wage garnishment procedure. They are:
Termination of employee related to Garnishment: The first and foremost rule is that there is a criteria for termination of employees related to garnishment. According to the Wage and Hour Division of the U.S. Department of Labor’s Employment Standards Administration, an employer can no longer terminate an employee simply for the reason of one order for wage garnishment. The Wage Garnishment California Law has the provision that two or more orders can compell termination.
Deductions Restricted: Wage Garnishment in California lays down the fact that only 25 percent of the employee’s disposable income or the amount of disposable income above 30 times the federal minimum wage can be limited. An employer is not entitled to garnish an employee’s entire paycheck. Disposable income is the income minus the deductions which can be in the form of federal, state, and local tax withholding. Medicare , social security or any other deductions that the employer legally makes is also deducted.
Child Support and Alimony: Restrictions are imposed on child support or alimony court orders as well. A Bankruptcy Lawyer in California has the experience and expertise to provide all the assistance related to fighting the case. The employer is given the liability to garnish not more than 50 percent of the employee’s wages if he is supporting another child or spouse not included in the order. On the above condition not holding true, the employer has the authority to deduct 60 percent of the disposable income. Provision is also there to deduct an additional 5 percent for arrears exceeding 12 weeks.
Difference in laws: Laws vary according to states. An employer must adhere to the law that takes the employee in consideration and benefits the most. There can be a situation where the state garnishment law can differ from the laws set forth by the federal CCPA.
Penalties Paid by Employers: Employers cannot garnish wages without a legal procedure although the employee may voluntarily want to pay a part to finish off the debt. If the employer does so, a Bankruptcy Lawyer in California can place a charge of noncompliance. Wage Garnishment California Law also has provisions that if an empoyer does so then he/she has to reinstate the discharged worker, pay back the wages and restore all the garnished amounts which were wrongly deducted. Court action can be taken by the Department of Labor and one can face a fine up to $1000, as well as imprisonment of up to one year.
Wage Garnishment in California is a legal procedure. Proper steps will ensure that the employee is not at loss and also that the employer is not forcefully demanding any out of the blue charges. The attorneys provide assistance to file and fight the suit. Visit www.attorneyforbankruptcy.com for solutions to all the queries related to filng a suit on wage garnishment.