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No, it doesn't matter of you are a W2 employee or a 1099 employee. The only way they can garnish your wages if you owe child support or tax liens. No, it doesn't matter of you are a W2 employee or a 1099 employee. The only way they can garnish your wages if you owe child support or tax liens. The above is a common misperception...and entirely incorrect...as attested to by the millions of people who currently have their wages garnished for any number of things. I believe it is frequently presented, (likely with qualifying comments around it the casual reader overlooks), by places that claim they can resolve your problems...and frequently end up costing you more and making more of them. At present four U.S. states - North Carolina, Pennsylvania, South Carolina and Texas - do not allow wage garnishment at all except for debts related to taxes, child support, federally guaranteed student loans, and court-ordered fines or restitution for a crime the debtor committed. Normally the maximum is 25% of wages. (These items are required to be allowed everywhere, by Federal law). A scattering of others have a few limits on types of debt they may preclude...but as you may expect they generally then provide other options for debt collection. To your question, a wage/salary can be garnished. Of course as an Ind. Contractor, you don't have one. Then the legal term/process is attach or seize. Under a similar process, a creditor can have your assets seized, or even have those that do business with you and may be where you are an account payable (remember those Form 1099 MISC you get from anyone who pays a non corporation more than $600 in a year), and have any amounts they were to pay you sent to them. Which in your case, would replicate garnishment.

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16y ago

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