How much of an employee’s paycheck may be garnished?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How much of an employee’s paycheck may be garnished?
I had a non-work related accident which required surgery, my benefits through work are short term disability insurance. I was over paid by my employer. The overpayment was their error and I understand they want the money paid back. But is it legal for them to garnish my wages over a certain percent. Example, I get paid every 2 weeks. The gross was $2,400 and after they deducted $1,700, it left $700. After taxes and insurance it left about $500. They should not be able to take out over half of pay at one time. Is that legal?
Asked on September 23, 2011 under Bankruptcy Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) No garnishment is allowed without either a) agreement by the employee, or b) a court order. So if you did not agree to let the employer take out money from your paycheck, they'd have to go to court to do so--they can't simply unilaterally take out money from your check.
2) If they went to court for garnishment, the maximum that can be garnished is a bit under 25% of your salary for a debt like this (it's 25% of the salary remaining after FICA and other deductions mandated by law).
3) So it appears the employer acted improperly; on the other hand, if they are now done (they've taken back all the money), it's probably not worth you taking action about it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.