Decoration is an American legal process for collecting monetary decisions on behalf of the plaintiff from the defendant. The ornament allows the plaintiff ("garnishor") to take money or property of the debtor from the person or institution holding the property ("garnishee"). A similar legal mechanism called execution allows for the seizure of money or property held directly by the debtor.
Some jurisdictions permit withholding by tax agents without first obtaining a court ruling or other court order.
Video Garnishment
Wages
Salary withholding salary , the most common type of garnishment, is the process of deducting money from employees' compensation (including salary), usually as a result of a court order. Salary salaries may continue until all debts are paid or arrangements are made to pay off debt. Ornaments can be taken for all types of debt but a common example of debt generating garnishments include:
- Child support
- The student loan failed
- Taxes
- Unpaid Court Fees
When served to the employer, garnishments are taken as part of the payroll process. When processing payroll, sometimes there is not enough money in the payroll of employees to satisfy all garnishments. For example, in cases with federal taxes, local taxes, and credit card garnishments, the first deductions are federal tax garnishments, then local taxes garnishments, and, finally, garnishments for credit cards. Employers receive notices that tell them to withhold a certain amount of their employees' wages for payment and can not refuse to withhold salary. The entrepreneur must correctly calculate the amount to be held, and must make a cut until the deduction ends.
Wages of marijuana can have a negative impact on credit, reputation, and ability to accept loans or open bank accounts.
Currently four US states - Pennsylvania, North Carolina, South Carolina, and Texas - do not allow wage cuts at all except for tax-related, child support, federally guaranteed student loans and court-ordered penalties or damages. The federal garnishment limit (with some exceptions such as child support and student loans) each week is lower than (A) 25% of a person's disposable income (what is left after deduction of the taxpayer), or (B) the total amount of which weekly wages someone exceeds thirty times the federal minimum hourly wage. Some other countries observe a lower maximum limit than the maximum extent provided by federal law. Countries may also prohibit cutting altogether under certain circumstances. For example, in Florida, the wage of a person who provides more than half of support for a child or other dependents is exempt from punishment altogether (though this is subject to negligence). Loans and negotiations with creditors can also help debtors to avoid wage cuts.
In Minnesota, there are five limits to wage cuts: Creditors can not deduct salaries for social security benefits, retirement benefits, welfare payments, workers' compensation benefits, or income related to disability or unemployment insurance.
In many countries when the person is an employee or appointed from a government unit, the writing is called Writ of Sequestration. These are processed by the court in the same manner as garnishments and are subject to the same wage exceptions.
In the United States, dismissing employees from handling levies can be a crime. The federal law provides a fine of up to $ 1,000 and up to a year in jail for an employer who deliberately dismisses employees in connection with employee income cuts.
Maps Garnishment
Attachments
Another type of garnishment, also known as an attachment, requires a garnishee to give all the money and/or property of the defendant in the hands of the garnishee during court service proceedings, to be paid to the plaintiff. Since this type of deduction does not continue in nature, but is not subject to the kind of restrictions applicable to wage cuts, it is most often used against banks, or other persons or corporations subject to liabilities that are liquidated in the regular business. Closing can not start during payment period but in next payment period
Federal tax
Under the US federal tax law, withholding by the Internal Revenue Service (IRS) is a form of administrative levy. In the case of an IRS levy, no court order is required.
Only a few requirements must be met before the IRS starts pay cuts:
- The IRS must have assessed the tax and must send a written Notice and Request for Payment;
- The taxpayer must ignore or refuse to pay taxes within the time specified in the notice; and,
- The IRS must send Final Notice of Intent to Retribution and Your Right to Hearings Notification (retribution notice) at least 30 days before the charge.
The IRS may serve the Final Notice in person, may leave notice at the taxpayer's home or regular place of business, or may transmit it to the last known address by certified or registered mail. The IRS is requested to send the Last Notice to the last address that the agency knows. Taxpayers do not need to actually receive notifications for effective notification. Many taxpayers never actually receive the last notification. Taxpayers may not realize they are in danger of receiving levies until their wages are actually garnished.
See also
- Income attachment
- Collections
- Distraint
- Judgment (legal)
- Student loan subscriptions in the United States
- Neglect of tax returns
- Jobs not reported
- Detention (legal)
References
Source of the article : Wikipedia
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