Wage GarnishmentGeneral Provisions
Section § 706.020
An employer cannot be forced to take money from an employee's paycheck to pay off debts through court orders, except in child or spousal support cases, unless it follows the rules outlined in this chapter.
Section § 706.021
This law says that if someone's wages are going to be garnished to pay off a debt, the process must be done by officially notifying both the employer and the person who owes the money with what's called an 'earnings withholding order.'
Section § 706.022
This law explains when and how a creditor can seize a part of someone's wages (through an earnings withholding order) to pay off a debt. The order can only be enforced for a certain time, which starts 30 days after the order is served. If the debtor files an exemption claim within a specific time, this period starts 45 days after service. The withholding continues until the debt is paid, a court or levying officer ends the order, or the order expires. Employers must withhold wages during this time, and they won't be punished for properly following the order before some legal actions are served on them.
Section § 706.023
This law outlines how employers should handle multiple earnings withholding orders. Generally, employers must follow the first order served. If multiple orders arrive on the same day, they should honor the one based on the earliest judgment. Importantly, if an order protects against elder or dependent adult financial abuse, it takes priority over most others, unless there's an order for support or taxes in place. Employers must follow these priority rules, and notify officials if a new priority order supersedes a previous one.
Section § 706.024
This law explains how much money needs to be withheld from someone's paycheck to satisfy a court order. It includes the whole amount required to resolve a debt, plus fees for serving the order and costs, minus any payments already made. Interest on the debt is also added daily, but stops once the full amount is withheld. The official responsible for collecting the debt (the levying officer) can inform the employer of the total amount to withhold at any time, which the employer must follow, even if it differs from the original order.
Section § 706.025
This law explains how employers should handle money taken from an employee's paycheck when there is an earnings withholding order, like for wage garnishment. Usually, the employer has to send the withheld money to the right authority (the levying officer) each month by the 15th. The first payment includes all the money withheld in the previous month, and future payments do the same. However, if the employer wants to, they can send in payments more often, like bi-weekly, as long as they send the money within 10 days after each pay period ends.
Section § 706.026
This law outlines the duties of a levying officer when handling money collected from an employer through an earnings withholding order. The officer must pay this money to the rightful person at least once every 30 days. Additionally, the officer needs to submit a report to the court every two years, detailing all collected funds, including any extra costs and interest. This report can be filed electronically, following specific legal guidelines.
Section § 706.027
If the debt that led to an earnings withholding order is fully paid off before the order naturally expires, the person who was owed money must quickly inform the officer handling the garnishment, who will then send a notice to the employer to stop the order.
Section § 706.028
This law deals with a specific type of earnings withholding order used to collect leftover costs and interest from a prior judgment. It kicks in once the initial order is satisfied. This final order is enforced just like any other earnings withholding order. Once it's satisfied, it means the debtor has fulfilled the money judgment. Importantly, interest stops accumulating once this final order is issued, and no more costs can be added except for certain fees.
Section § 706.029
When a court issues an earnings withholding order, it puts a hold on the wages of the person who owes money, and also on the employer's assets that can be used to pay debts. This hold, or lien, lasts for one year or until the owed amount is fully paid.
Section § 706.030
This law explains how money can be withheld from someone's paycheck to pay overdue child or spousal support. The process starts when a local child support agency issues a special order, which is then sent to the person's employer. The employer must then deduct the specified amount from the person's wages and send it to the designated agency. If the employer does not comply, they may face penalties. The law also gives the person who owes support the right to request a review of the amounts being withheld and a chance for a court to look at their debt.
The employer must prioritize these support orders above other wage-related deductions. Employers are required to keep withholding until either the individual's employment ends or until one year after that employment ends. Additionally, once a specific state office is running, all the payments will be sent there to ensure proper processing. The withheld earnings help to satisfy the total support owed as directed by a judgment.
Section § 706.031
This law explains how money is taken out of a person's paycheck to cover support payments, like child support, and possibly other debts. Support payments get top priority, meaning an employer must deduct these first before anything else. If there's an order to withhold money for other types of debts or taxes, the employer must make sure the total amount taken doesn't exceed the legal limit. If a support order exists, and an employer has already been withholding money based on another order, they must inform the proper authorities that the support order takes precedence.
Section § 706.032
This law explains how and when an earnings withholding order, which is used to collect money from someone's paycheck to pay off a debt, ends. If a person's job ends and no money is collected for 180 days, the order stops. If a person's earnings are already being taken for a different, more important debt and no money is collected for this one in two years, the order also stops. In both cases, employers have to return the order to the official who issued it, including a note on why they're returning it.
Section § 706.033
This section explains that if the writ is returned before an earnings withholding order ends, the officer in charge must complete a supplemental return once the order ends. The supplemental return needs to have the same details as the original return described in another section.
Section § 706.034
If an employer has to withhold part of an employee's wages due to a legal order, they are allowed to charge the employee $1.50 each time they do this.