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 Utah, wage garnishment is a legal process where a court orders an employer to withhold a portion of an individual's earnings for the payment of debts such as child support, alimony, or civil lawsuit judgments. Under Title III of the federal Consumer Credit Protection Act (CCPA), there are protections for employees against being fired if their wages are garnished for a single debt, but these protections do not extend to cases where 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. Utah state law complements federal law by specifying procedures and additional limitations on wage garnishment. For instance, Utah's limits on wage garnishment may not exceed the federal limits and in some cases, state law may provide more protection to the employee. It's important for both employers and employees in Utah to understand these regulations to ensure compliance with wage garnishment orders and to protect the rights of all involved parties.