Simple English definitions for legal terms
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Wage-withholding is when a plaintiff takes a portion of a defendant's earnings as an employee to pay off a debt. This is also known as attachment of wages. In some places, the court can order the defendant's employer to deduct a specific amount or percentage of their wages and send it to the plaintiff. This is done to ensure that the plaintiff receives payment for the debt owed to them.
For example, if someone owes child support or alimony, the court can order their employer to withhold a portion of their wages to pay off the debt. Federal law allows up to 50% of a wage-earner's disposable income to be seized if they have another family of dependents, and up to 60% if there is only one family. If the person is more than three months behind on payments, an additional 5% can be seized until the debt is paid.
Another example is when a creditor wants to ensure they will be paid if they win a lawsuit. They can request a provisional attachment, which allows them to seize the debtor's property before the judgment is made. This ensures that if the creditor wins, they can sell the seized property to recover the debt owed to them.