A wage garnishment occurs when a creditor has a government or court order to obtain your debt from wages that are earned from your paycheck. In North Carolina, as in other states, child support, student loans, and unpaid taxes can be collected without a court order.
Yes, the only exceptions are the IRS and state revenue agencies, even those can be subject to appeal. Some states do not allow wage garnishment for creditor debt they are, North Carolina, South Carolina, Texas and Pennsylvania.
Certainly, why not?
Maybe. In general the laws of the debtor's resident state have to be followed. However, some states have laws which will allow such an action.
No, in Michigan a hospital cannot garnish any federal wages or taxes. They can only garnish work wages that you earn on a regular basis.
The quality of jobs in North Carolina are lacking. Most jobs are fast food or retail positions where little to no experience is necessary. This leads to lower hourly wages.
No, wage garnishment in NC is only for taxes, child support
It depends on the garnishing order
North and South Carolina, Pennsylvania and Texas. The exceptions to wage garnishment in these states are..taxes, child support, Federal student loans, court ordered fines or restitution for debt incurred by a criminal act. According to the North Carolina Department of Labor's website, North Carolina Courts cannot order garnishments for debts other than taxes, child support, and student loans. However, if a court outside of North Carolina orders a garnishment for wages based on a judgment for credit card debt, North Carolina employers must honor the garnishment. Under North Carolina law, an employer may be ordered to withhold wages from an employee and pay them to a creditor for the following types of debts: taxes, student loans, child support, alimony, and payment of ambulance services in certain North Carolina counties. However, the courts of North Carolina are not permitted to order an employer to withhold wages for other types of debts such as car loans, credit card debt, and other personal debt items. While the North Carolina courts are not permitted to garnish wages based on these debts, creditors in other states may be able to get an order of garnishment under their own states' laws. It is not a violation of the North Carolina Wage and Hour Act for an employer to withhold an employee's wages if required to do so by law. If a court from another state issues a valid order under that state's laws requiring an employer to withhold a North Carolina employee's wages for payment of a debt, the employer does not violate the North Carolina Wage and Hour Act by obeying that order.
North Carolina permits wages to be garnished in very limited circumstances. Wage garnishments are allowed for unpaid income taxes, court ordered child support, child support arrears, and defaulted student loans. Other creditors cannot garnish wages in North Carolina.
No. As long as the person qualifies as Head of Household creditors cannot execute a writ of garnishment.
Yes they can garnish your wages. If it is out of State collections, one of two things has to happen for your wages to be garnished. First, if the company you work for has Nexus in California, your wages are fair play. If the company does not have Nexus in California, the garnishing agency will have to get an Attorney's General referral for out of State collections.
That makes me wonder....Do you want to do this to someone? Doug