Legal Definitions - attachment of wages

Attachment of wages, often referred to as wage garnishment, is a legal process where a portion of an individual's earnings is withheld by their employer and sent directly to a creditor or government agency to satisfy a debt or obligation. This action typically occurs after a court has issued an order, or in certain cases, by administrative action for specific types of debts like taxes or child support.

• Example 1: Unpaid Student Loan Debt

  Maria defaulted on her federal student loans after losing her job and struggling to make payments. After a period of non-payment and attempts by the loan servicer to contact her, the Department of Education initiates an administrative wage garnishment. Maria's new employer receives an official notice requiring them to deduct a specific percentage from her bi-weekly paychecks and send those funds directly to the Department of Education until her outstanding loan balance is paid down or a new payment arrangement is made.

  This example illustrates attachment of wages because a government agency (Department of Education) legally compels Maria's employer to withhold a portion of her earnings and direct it to satisfy a financial obligation (student loan debt), rather than paying the full amount directly to Maria.

• Example 2: Court-Ordered Restitution

  Following a criminal conviction, John was ordered by the court to pay restitution to the victim for damages incurred. John failed to make the required payments. As a result, the prosecutor's office, on behalf of the victim, obtains a court order for attachment of wages. John's employer is then legally obligated to deduct a set amount from his weekly salary and remit it to the court, which then forwards the funds to the victim, until the full restitution amount is satisfied.

  This example demonstrates attachment of wages as a court-ordered mechanism compelling John's employer to divert a part of his salary to satisfy a legally mandated financial penalty (restitution) resulting from a criminal judgment.

• Example 3: Unpaid Credit Card Debt Judgment

  Sarah accumulated a significant balance on her credit card and, despite multiple attempts by the bank to collect, she failed to make payments. The bank sued Sarah and obtained a judgment against her in court. With this judgment, the bank then secured a court order for attachment of wages. Sarah's employer receives this order and begins deducting a legally specified percentage from her monthly paychecks, sending these funds directly to the bank until the judgment amount, including interest and legal fees, is fully satisfied.

  This scenario exemplifies attachment of wages because a private creditor (the bank) uses a court order to legally compel Sarah's employer to seize a portion of her earnings and remit it to satisfy a legally recognized debt (the credit card judgment), bypassing Sarah entirely.