Legal Definitions - wage attachment

Wage attachment, also known as wage garnishment, is a legal procedure where a court orders an employer to withhold a specific portion of an employee's earnings and send it directly to a creditor. This process is typically initiated after a creditor has successfully sued a debtor and obtained a court judgment confirming that the debt is owed. The purpose of a wage attachment is to ensure that a debt is paid by directly deducting funds from the debtor's regular paycheck.

• Example 1: Unpaid Personal Loan

  Sarah borrowed money from a local bank for a home improvement project. After losing her job unexpectedly, she fell behind on her loan payments. Despite repeated attempts by the bank to collect, Sarah was unable to pay. The bank eventually sued Sarah and obtained a court judgment for the outstanding balance. Once Sarah found a new job, the bank, as the judgment creditor, petitioned the court for a wage attachment. The court then ordered Sarah's new employer to deduct a set amount from each of her paychecks and send it directly to the bank until the loan debt was satisfied.

  This example illustrates wage attachment because a court order compels Sarah's employer to divert a portion of her wages directly to the bank, which is the creditor, to pay off a debt for which a judgment was obtained.

• Example 2: Judgment from a Car Accident

  Mark was found at fault in a car accident and, due to insufficient insurance coverage, was personally liable for a portion of the damages to the other driver's vehicle and medical expenses. The other driver sued Mark and won a court judgment for $15,000. Mark, however, did not pay the judgment. To recover the money, the other driver's attorney sought a wage attachment. The court issued an order requiring Mark's employer to withhold a percentage of his bi-weekly pay and send it to the other driver until the $15,000 judgment was fully paid.

  Here, the wage attachment serves to enforce a court judgment for damages resulting from an accident. Mark's employer is legally required to deduct funds from his wages and send them to the individual who won the judgment, demonstrating the direct payment mechanism.

• Example 3: Unpaid Business Debt (Sole Proprietor)

  David, operating as a sole proprietor for his landscaping business, purchased a large quantity of specialized equipment on credit from a supplier. When his business encountered financial difficulties, David was unable to pay the supplier for the equipment. The supplier sued David personally (as a sole proprietor, David's personal and business liabilities are often intertwined) and secured a court judgment for the unpaid amount. David also worked part-time for another company. The supplier then obtained a wage attachment order, directing David's part-time employer to deduct a portion of his wages to pay down the debt owed for the landscaping equipment.

  This scenario demonstrates wage attachment being used to recover a business debt from a sole proprietor's personal wages after a court judgment. The employer is mandated to divert a portion of David's earnings directly to the equipment supplier, fulfilling the definition of wage attachment.