Attachment_of_earnings

Attachment of earnings

Attachment of earnings

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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.[1]

Ballentine's Law Dictionary notes that this process is not literal, whereby a "person's property is figuratively brought into the court."[2]

United Kingdom

In England, an attachment of earning order can stop money being paid to a defendant.[3]

Under English law, somebody who is self-employed, unemployed, or a member of the armed forces cannot have an attachment against them.

In England, the District Council can attach earnings.[4]

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 New York, a limit of 10 percent of gross earnings may be taken for ordinary debts.[5]

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.

See also

References

  1. [1]
    Some cites are needed for other countries, esp. India, Africa
  2. [2]
    Ballentine's Law Dictionary, at p. 38
  3. [3]
    "See the British government web site regarding this". Archived from the original on 2007-06-06. Retrieved 2007-04-14.
  4. [4]
    See the Eden Council web page Archived September 27, 2007, at the Wayback Machine
  5. [5]
    See, e.g., N.Y. CPLR section 5205; also, see 11 U.S.C.A. Chapter 7.
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