|
|

New Mexico Garnishment: What you need to know

A garnishment is an order of a court to an employer to withhold a sum of money from an employee's earnings to satisfy the employee's debt to a third party. A valid garnishment legally obligates an employer to withhold monies from an employee's wages, subject to certain maximums. Where state laws pertaining to garnishments are more restrictive than federal law, state laws will govern. The state of New Mexico draws a distinction between garnishment for child support obligations and garnishment for other debts.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
Debts other than support. The employer receives a notice of garnishment and has 20 days from the date of service to answer the summons under oath. An uncontested garnishment constitutes a lien against the employee's wages until the judgment is satisfied or until the employment relationship ends. The employer calculates the amount of disposable earnings that may be garnished in accordance with the maximum allowable limits. If more than one garnishment is filed against the same employee, the employer pays them in the order received. The employer is required to provide the employee with an itemized listing of all payroll deductions, including any amounts withheld by way of garnishment (NM Stat. Sec. 50-4-2).
Support Enforcement Act. All state child support orders are subject to immediate withholding (NM Stat. Sec. 40-4A-2). Employers are required to treat any income withholding order issued from another state as if it had been issued by a court in New Mexico. The employer receives a copy of the court order for withholding by personal service or certified mail, with instructions and information about the amount to be withheld. Beginning with the next paycheck, the employer withholds ...

>> Read more about Garnishment

More on this topic:

State Requirements

National | Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming |

New Mexico Garnishment Resources

Garnishment Products

Payroll Webinar Recording
BLR Webinar: "Payroll: How to Legally Handle Tax Levies and Garnishments""
HR Self-Audits Webinar Recording
BLR Webinar: "HR Self-Audits: How to Find (and Fix) the Legal Time Bombs in Your Workplace""
New Year, New Laws, New Employee Handbook Webinar Recording
BLR Webinar: "New Year, New Laws, New Employee Handbook: What to Change and What to Keep in 2013""
Free Special Reports
Get Your FREE HR Management Special Report. Download Any One Of These FREE Special Reports, Instantly!
Featured Special Report
Claim Your Free Copy of Critical HR Recordkeeping

Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
Download Now!


This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

Topics covered:
1. Hiring Records
2. Employment Relationships
3. Termination Records
4. Litigation Issues
5. Electronic Information Issues
6. Tips for Better Recordkeeping
7. A List of Legal Requirements

Make sure you have the information you need to know to keep your records in order.