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Can an Apartment Complex Garnish Your Wages?

When you sign a lease for a new apartment, it's important to read the fine print. Generally, the lease contract will specify how much you must pay monthly and the penalties for terminating your lease early or damaging the apartment. If you violate the terms of the lease, the apartment complex may choose to sue you in civil court for the outstanding amount owed, which can lead to garnishment of your wages or bank account.

  1. Judgment and Execution

    • Before your wages can be garnished, a representative of the apartment complex must file a lawsuit against you in civil court. When a suit is filed, you are notified via a summons and complaint. You must provide an answer within the time period specified by the summons. If you fail to answer the summons or appear in court on the scheduled date, a summary judgment is automatically entered against you. If the apartment complex is awarded a judgment, its representative must file additional paperwork to enforce garnishment of your wages. Once your employer is notified of the garnishment, your employer must begin withholding a certain amount from your wages. Withheld wages are paid to the court and then distributed to the apartment complex's representative.

    Calculating Wage Garnishment

    • The amount of wages that can be withheld is determined by the garnishment system your state uses. Under federal law, the maximum amount that can be garnished is the lesser of 25 percent of your net income each pay period or the amount by which your net income exceeds 30 times the federal minimum wage. If your state uses a lower percentage to calculate wage garnishments, employers are required to use the state calculation formula in place of federal guidelines. If your weekly net income does not exceed 30 times the federal minimum wage, no garnishment is allowed.

    Exempt Income

    • Federal law protects certain types of income from wage garnishment. For example, if you receive Supplemental Security Income, Social Security benefits, veterans' benefits or military survivors' benefits, these cannot be garnished. Depending on the laws in your state, you may also be able to exclude benefits you receive from unemployment or workers' compensation. Child support and alimony payments are also generally exempt. If your state offers an exemption for head of household, you may be able to exempt all of your weekly income. For example, Florida residents can exempt up to $750 per week if they provide more than half of the financial support for their household.

    Filing a Counterclaim

    • If you've been sued by an apartment complex for unpaid rent or the cost of repairs, you may consider filing a countersuit if you can provide justification for the outstanding debt. For example, if you can prove that the apartment's management group was aware of unsafe or unsanitary conditions and failed to remedy the situation, you may be able to avoid paying the debt and potentially receive damages. You must be able to provide documented evidence, such as written correspondence or photographs, to prove your case. Consult a qualified attorney to determine whether you have sufficient basis to file a counterclaim.

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