How to Quit a Job After a Wage Garnishment Is Ordered
If a creditor obtains a judgment against you for an unpaid debt, it may pursue collection of the debt through wage garnishment in most states. Only four states -- Texas, Pennsylvania, North Carolina and South Carolina -- prohibit wage garnishment for most consumer debts. If a judgment creditor has ordered your employer to garnish your wages, no law requires you to continue working to satisfy the garnishment.
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Instructions
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Write a resignation letter to your employer that includes your reason for leaving and the last date you will work. Be honest about the reason you are leaving your job. If your employer knows that you are quitting to avoid garnishment, the employer may consider you for employment in the future if you satisfy your judgment debt.
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Deliver the resignation letter to your supervisor, manager or human resources representative. Explain the contents of the letter and ask whether you can come back to work for the employer if you pay your judgment.
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Continue working for your employer through the date stated in your notice. Working for at least two weeks after you deliver your resignation letter helps your employer find a suitable replacement, and may increase your chances of rehire if your financial situation improves.
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Tips & Warnings
Wage garnishment cannot take all of your earnings. Under federal law, a private judgment creditor can garnish a maximum of 25 percent of your income after taxes. However, a tax authority or court may garnish half or more of your income for back taxes or child support. In either case, dealing with wage garnishment is typically a more financially appropriate option than quitting your job.
Explore other options for preventing wage garnishment. You might borrow the money from a friend or family member to pay the judgment or file bankruptcy to discharge the judgment debt. You may also contest the garnishment order if the creditor did not follow proper procedures when obtaining the judgment or executing the garnishment order.
Avoid quitting your job to prevent garnishment if possible. Although the judgment creditor cannot collect through wage garnishment, it may take money from your bank account or take personal property, including your home, to satisfy your debt. Also, quitting your job typically disqualifies you from receiving unemployment benefits. Unless your spouse or a family member can support you, you will not have any means to meet your living expenses or pay off your judgment debt.
Don't quit your job out of fear of being fired for a wage garnishment order. Federal law prohibits an employer from firing an employee for a garnishment order by one creditor in a 12-month period. However, if two creditors garnish your wages in a 12-month period, the law does not protect your job.
