Wage Attachment
Wage attachment, also called wage garnishment, is the process of deducting money from an employee’s pay pursuant to a court order or action by an authorized agency.
When W&M receives a notice to withhold a certain amount of an employee’s wages for payment, W&M cannot refuse to “attach” the wages by deducting the required payment amount. Wage garnishments continue until the entire debt is paid or other arrangements are made to pay off the debt. Generally, only one wage attachment at a time may be in effect for an employee. However, a child support court order may operate simultaneously with a tax levy.
Types of Wage Attachments
Creditor Garnishments
- A garnishment is a summons issued by a court on behalf of a creditor to recover a legal debt owed by the employee.
- William & Mary is legally bound to withhold an employee’s wages as the Commonwealth of Virginia Court instructs. Payroll will remit the amounts withheld to the appropriate court on behalf of the employee. Wages will be garnished until the entire amount is satisfied or the court releases the garnishment by written notification.
Bankruptcy Orders
- A bankruptcy decree is issued by a U.S. Bankruptcy Court on behalf of an employee to prevent further voluntary or involuntary debt collections.
- Any debt funds withheld through wage attachment before the bankruptcy petition date that have not been remitted to debtors will be remitted according to the Bankruptcy Court’s instructions. Debt funds withheld by payroll after the bankruptcy petition date will be remitted to the employee.
- Payroll will remit the amounts withheld to the appointed trustee as instructed by the Bankruptcy Court.
Child Support Withholding Orders
- Instructions to withhold payments for child support usually are issued by state and local child support enforcement offices.
- William & Mary is legally required to begin withholding payments from an employee’s next regularly scheduled pay check. Deductions will continue until a notification to stop withholding is received from the child support enforcement agency.
- Payroll will remit amounts withheld to the appropriate court or agency.
Federal & State Tax Levies
- Instructions are issued by the Internal Revenue Service or a State Treasury Department to withhold wages to satisfy a tax debt.
