A "garnishment" is an order of a court to an employer (the garnishee) to withhold a sum of money from an employee's earnings for payment of a debt. Garnishment is an involuntary procedure in which an employer is ordered to make deductions from an employee's wages in order to repay debts. In contrast, an “assignment of wages” is a voluntary transaction whereby an employee requests, in writing, that his debts be paid out of his wages.
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Download Now There are numerous state and federal laws pertaining to garnishment. Where state law is more restrictive than federal law (i.e., by protecting a greater amount of salary from garnishment), then state law will govern.
The state of Indiana draws a distinction between garnishments for support obligations (IN Stat. Sec. 31-16-15-0.5et seq.) and garnishments for other kinds of debts (IN Stat. Sec. 24-4.5-5-104 et seq.).