Wage Attachments are an Important Debt Collection Tool

Once a creditor secures a judgment against a debtor, there are many tools available to collect the debt. Some common tools include bank garnishments, wage attachments, and writs of execution. However, for wage attachments to be successful, the debtor needs to be a person (as opposed to a corporation) and gainfully employed. If this is the case, wage attachments are an important debt collection tool.

Each jurisdiction has its own rules for obtaining and recording wage attachments. To initiate the process, you must first fill out and submit a number of forms to the court. Once the court approves your paperwork, you must send the paperwork to the employer and the debtor. The debtor can then appeal the wage attachment.

The Consumer Credit Protection Act (CCPA) limits the amount that employers can withhold from a person’s salary. In most cases, the weekly amount may not exceed the lesser of two figures: 25% of the employee’s disposable earnings, or the amount by which an employee’s disposable earnings are greater than 30 times the federal minimum wage. Additionally, many states impose more stringent limitations.

In Maryland and Washington, DC, after you file the appropriate documentation, the court signs the request and it becomes a Writ of Garnishment or Writ of Attachment. A Writ of Garnishment or Writ of Attachment is a court order to the debtor’s employer to withhold funds from their paycheck and send these funds to you. This writ is usually delivered by process server or certified mail.

Wage attachments are an important debt collection tool. Many find the process daunting to identify employers and fill out the proper paperwork to secure a wage attachment. The attorneys at Kind and Dashoff, LLC are experts at judgment collection, including wage attachments. They are available to help you collect your delinquent accounts.