Can a collection agency garnish my wages?  In a word, NO!  Only under very limited circumstances does Pennsylvania law permit the garnishment of wages, and a debt owed to a collection agency is not one of them. 

Garnishment of wages is a seizure of wages while they are still in the control of the employer, and 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 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

Your wages cannot be garnished for any other purpose, including debt owed to a credit card company/collection agency. 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. 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

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.

Garnishment is the act of directing a business that is holding funds (such as a bank) or who is about to pay wages (such as an employer) to an individual who allegedly owes money to someone else to place a freeze on that money and distribute it to a creditor. Garnishing funds is also a warning to the party who is holding the funds (the Garnishee) not to pay them, and to inform the Court as to how much money is being held. If the garnishee (such as a bank or employer) should mistakenly give the money to the individual who is the account owner or employee, the Garnishee will be liable to pay the creditor what it had coming, up to the amount of the funds that were held by the Garnishee.