Wage garnishment (also known as wage attachment or wage assignment) is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt such as child support, spousal or partner support, or a judgment in a civil lawsuit.
Title III of the federal Consumer Credit Protection Act (CCPA) prohibits an employer from discharging an employee whose earnings have been subject to garnishment for any one debt, regardless of the number of levies made or proceedings brought to collect it. Title III also limits the amount of an employee’s earnings that may be garnished in any one week. But it does not protect an employee from discharge if the employee's earnings have been subject to garnishment for a second or subsequent debts.
Title III applies to all individuals who receive personal earnings and to their employers. Personal earnings include wages, salaries, commissions, bonuses, and income from a pension or retirement program, but does not ordinarily include tips.
States also have laws governing wage garnishment, attachment, or assignment, and these laws vary from state to state.
In Oregon, wage garnishment is a legal process where a court can order an employer to withhold a portion of an individual's earnings to pay off debts such as child support, spousal support, or civil lawsuit judgments. Under Title III of the federal Consumer Credit Protection Act (CCPA), employers are prohibited from terminating an employee solely because their wages have been garnished for a single debt. However, this protection does not extend to cases where an employee's wages are garnished for multiple debts. Title III also sets limits on the percentage of an employee's disposable earnings that can be garnished in any workweek. In Oregon, state laws complement federal regulations and provide additional rules on wage garnishment. These laws specify the types of debts that can lead to garnishment, the procedures for issuing a garnishment order, and any state-specific limitations on the amount that can be garnished from an employee's wages. It's important for both employers and employees to understand these regulations to ensure compliance with wage garnishment orders.