Attachment of earnings

Attachment of earnings is a legal process in civil litigation by which a defendant's wages or other earnings are taken to pay for a debt. This collections process is used in the common law system, especially Britain and the United States, but in other legal regimes as well. [Some cites are needed for other countries, esp. India, Africa]

Ballentine's Law Dictionary notes that this process is not literal, whereby a "person's property is figuratively brought into the court." [Ballentine's Law Dictionary, at p. 38]

The earnings seized may be wages, certain benefits, or sales commissions. Fact|date=August 2007

A sheriff, constable, or marshall enforces the court order. Fact|date=August 2007

United Kingdom

In the United Kingdom, an attachment of earning order can stop money being paid to a defendant. [See the British government web site regarding this: [http://www.hmcourts-service.gov.uk/infoabout/enforcement/ae/index.htm] ]

Under British law, a self-employed, unemployed, or member of the armed forces can not have an attachment against them. [See [http://www.payplan.com/debt-library/court-orders-attachment-of-earnings.php] , but note, this is from a "debt management company".] In Britain, the District Council can attach earnings. [See the Eden Council web page: [http://www.eden.gov.uk/main.asp?page=369] ] This may be by a physical removal of the money or other personal property. However, more commonly, the officer merely contacts the bank, landlord, employer, trustee, bailee or other person holding the property, with a certified copy of the order, for them to hand over the debtor's property for attachment; this is especially true with intangible personal property and real property. Fact|date=August 2007

United States

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. Several other states observe maximum thresholds that are lower than the 25 percent maximum provided by federal law. States may also prohibit garnishment altogether in certain circumstances. For example, in Florida the wages of a person who provides more than half the support for a child or other dependent are exempt from garnishment altogether (though this exemption is subject to waiver).

In most jurisdictions in the United States, a limit of 10 percent of gross earnings may be taken for ordinary debts. [See, e.g., N.Y. CPLR section 5205; also, see 11 U.S.C.A. Chapter 7.] However, 15 percent may be taken for student loans, Fact|date=August 2007 and up to 40 percent for child support arrears [N.Y. CPLR sections 5241, 5241] , or even higher. Fact|date=August 2007

While some types of disability are exempt from attachment, only active duty members of the armed forces and disabled veterans are completely judgment proof. Fact|date=August 2007

In many American jurisdictions, attachment of earnings is treated the same as, or is just called, garnishment. This is when either earnings, and/or property may be taken by the court.

ee also

* Bankruptcy
* Collections
* Contract
* Garnishment
* Tax refund interception
* Judgment
* Sheriff
* Working under the table

References