Pennsylvania Wage Garnishment Laws
The federal government allows for laws concerning wage garnishment to be decided by individual states. Pennsylvania is one of the few states that has an overall policy that is "friendly" to those who may be threatened with wage garnishment.
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Significance
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A wage garnishment is the result of a legal judgment being placed against an individual. It allows a portion of each pay the person receives to be withheld by the employer and remitted to settle a debt.
The Law
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In Pennsylvania, wage garnishment is typically not a legal practice. There are, however, certain criteria that an individual must meet to be protected under the law.
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Criteria
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The first two criteria are that the individual must live and work in the state of Pennsylvania. The third is that the legal proceedings that resulted in the judgment were held in the state.
Ramifications
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If a person is sued in another state while living in Pennsylvania or was sued prior to living or working in the state, the law may not apply. The issue is open for debate, however, and may result in a second court proceeding to determine how the nuances of the law will be interpreted for a given set of circumstances.
Exceptions
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There a few exceptions to the Pennsylvania laws, which may result in the garnishment of wages. These exceptions include spousal or child support or a lump sum granted during a divorce proceeding, past-due balances on state-sponsored education loans, and payments relating to room and board or back rent.
Considerations
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If a question arises about whether wage garnishment may be enforced as the outcome of a judgment, those concerned should seek the advice of a consumer attorney (see link in Resources).
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