Employers risk liability if they fail to follow wage garnishment processes

Jennifer Heald Castillo, an attorney with Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., discusses wage garnishment orders to employers.
Oklahoman Modified: February 4, 2014 at 10:00 am •  Published: February 3, 2014
Advertisement
;

Q&A with Jennifer Heald Castillo

Wage garnishment affects employers as well as workers

Q: What is wage garnishment?

A: A wage garnishment is a court order directed to an employer to withhold a certain amount of an employee's earnings for payment of a debt to a third-party creditor. Most creditors can't get a wage garnishment order until they have obtained a judgment stating the employee owes them money. Additionally, Oklahoma law limits the amount that can be withheld from an employee's earnings to 25 percent of the employee's disposable earnings for the pay period.

Q: How should an employer process a wage garnishment it receives on an employee?

A: Oklahoma law requires the employer to immediately deliver a copy of the wage garnishment to its employee by hand delivery or by first-class mail to the employee's last known address. After completing the garnishee's answer form and calculating the amount to be garnished, the employer must file a copy of its answer with the court clerk for the district court in which the wage garnishment was issued and deliver a copy to the attorney for the third-party creditor and to the affected employee no later than 10 days after receipt. The employer must then send the amount of the withheld earnings to the attorney for the creditor no later than seven days after the end of each pay period. A copy of the answer should accompany each payment.

Continue reading this story on the...

by Paula Burkes
Reporter
A 1981 journalism graduate of Oklahoma State University, Paula Burkes has more than 30 years experience writing and editing award-winning material for newspapers and healthcare, educational and telecommunications institutions in Tulsa, Oklahoma...
+ show more


Trending Now


AROUND THE WEB

  1. 1
    Wes Welker, two others have suspensions lifted following revised PED policy
  2. 2
    Blood test for clinical depression may be on the horizon
  3. 3
    After 17 Years, ‘The View’ Isn’t So Clear Anymore
  4. 4
    US hones in on homegrown ISIS threat
  5. 5
    Meredith Vieira reveals history of domestic violence, explains why she stayed
+ show more