Only under very limited circumstances does Pennsylvania law permit the garnishment of wages. Garnishment of wages is a seizure of wages while they are still in the control of the employer, which have not yet been paid out to the employee. An employee’s wages, salaries and commissions may be taken from an employer through appropriate legal procedures to satisfy generally five kinds of debts:
- judgments for child or spousal support
- PHEAA student loans
- room and board for four weeks or less
- back rent on a residential lease
- obligations relating to final divorce distribution
In PA, generally, your wages cannot be garnished for any other purpose. Garnishment of wages can only be accomplished only by a court order directed to the employer and no such court order can be issued without fair notice to the debtor/wage earner. That means, in most cases, that a lawsuit has to be filed, and a judgment against you has to be issued. Other than the kinds of debt listed above, no other debt or legal obligation can give rise to wage attachment in Pennsylvania. Federal laws such as IRS garnishment procedures may be used to garnish wages of Pennsylvania residents, but only through the federal court system.
