A garnishment is a legal order to withhold a specified sum from your wages to satisfy a debt in accordance with the federal wage garnishment law.
A Levy, Earnings Withholding Order or a Wage Assignment is the legal terminology for a garnishment.
Different agencies use different terminology for the garnishment. The Sheriff's Department uses the term Wage Assignment. The Federal Government calls it a Levy and the State refers to it as an Earnings Withholding Order. The child support agencies, District Attorney, Family Support Divisions, call it a Wage Assignment.
Questions and Answers
How much can you take from my checks?
The Payroll Department is required to deduct a portion of your salary earned from your future paychecks - it could be as much as 50% or higher in some instances.
Can I have Payroll reduce the amount taken?
No. This matter is between you and the taxing agency or firm/person named as plaintiff in the order. Only the issuer of the garnishment has legal authority to modify or release your levy. You may wish to consult your attorney.
Will the garnishment amount be deducted from my net pay?
It depends upon the type of garnishment. For example, a Federal Levy will exempt a predetermine amount of your net pay from levy. Otherwise, the deduction is taken from your "Disposable earnings"
Do I have to pay any fee for my garnishment?
Currently, the Business Center has elected to forgo the allotted processing fee. The law does have a provision that gives an employer the capability of charging a wage attachment fee on all child support garnishments. The fee will depend upon what each state allows and could very from $1.00 up to $8.00 per garnishment per pay period.
Can I skip a deduction?
No. You must call the appropriate agency or an attorney to get a delay or to work out a different payment arrangement.
How can I have the garnishment stopped?
Payroll must have a written release five days prior to payday in order to stop your deduction.
My garnishment has now been stopped. How long do I have to keep all the paperwork?
It is important to keep all copies of a garnishment for at least seven years.
Why is the Statement of Exemption Form Important?
If you get an IRS Levy it's very important that you complete your Statement of Exemptions form and immediately return it to the Payroll Office! If we don't receive this Statement of Exemptions forms (Part 4 and 5), then we'll be forced to give you the default specified by the IRS: single -- with one exemption. If this occurs, then each check could be taken down to as little as $289.58. By filling out the form you can receive the exempted amount that you're legally entitled to! It is also important that you contact the IRS to arrange a payment.
UNLV is not permitted to give legal advice. If you have questions about deductions taken on your check, please give your Payroll Office a call and we will assist in any way possible.
