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 West Virginia, 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 judgment debts. Under federal law, specifically Title III of the Consumer Credit Protection Act (CCPA), there are protections in place for employees facing wage garnishment. An employer cannot terminate an employee for a single garnishment for one debt. However, this protection does not extend to situations where an 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 or pay period. In West Virginia, state laws complement and adhere to these federal guidelines, but the specific details and procedures can vary. It's important for both employers and employees to understand that while wage garnishment is permitted for debt collection, there are both federal and state regulations in place to ensure that employees are treated fairly and to prevent undue hardship due to wage garnishment.