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 Rhode Island, wage garnishment is a legal process where a court can order an employer to withhold a portion of an individual's earnings for the payment of debts such as child support, alimony, or civil judgment debts. Under Title III of the federal Consumer Credit Protection Act (CCPA), there are protections in place to prevent an employee from being fired if their wages are garnished for a single debt, regardless of the number of actions taken to collect that debt. However, these protections do not apply if the employee's wages are garnished for multiple debts. The CCPA also sets limits on the percentage of an employee's disposable earnings that can be garnished in any workweek. In Rhode Island, state laws complement federal regulations and may offer additional protections or specify different procedures for wage garnishment. It's important for both employees and employers to understand these laws to ensure compliance and protect legal rights.