Wage garnishment is a step that many creditors take to receive the money they are due from debtors. Wage garnishment is also used in cases of back child support, back taxes, back alimony and other payment plans that are not being met. Here is a brief explanation of wage garnishment in New Hampshire.
Title III of the Consumer Credit Protection Act (CCPA) protects employees from being discharged by their employers if they have a wage garnishment filed against them. The CCPA also protects against how much money can be garnished from a person's paycheck on a weekly basis. Title III encompasses all persons and employers who receive earnings for services.
Title III does not require employers to publish posters or notices for employees in the workplace. Nor does it require employers to keep records or issue reports of wage garnishments that occur to employees.
Should an employer violate Title III they could be subject to penalties. Those penalties could include any of the following:
- Reinstatement of a fired employee
- Paying back wages to the employee
- Restoration of garnishment amounts collected improperly
Violators of the discharge rule under Title III could face a fine of no more than $1,000 and possibly jail time for no more than one year. The Department of Labor could initiate court actions against violators of Title III to stop the discharge of employees.
Understanding the law can be difficult, which is why you should always consult with an experienced attorney. Chapter 7 bankruptcy should never be taken lightly. An attorney can help guide you through the process.
Source: Department of Labor, "Wages and Hours Worked: Wage Garnishment," accessed July 14, 2017