|

West Virginia Garnishment: What you need to know

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. The state of West Virginia draws a distinction between garnishments for support obligations and those for other kinds of 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
There are numerous state and federal laws pertaining to garnishment. Where state laws are more restrictive than federal law (i.e., by protecting a greater amount of salary from garnishment), then state laws will govern. The West Virginia laws on support garnishments are found at WV Code Sec. 48-14-401et seq. The laws on garnishments for other debts are found at WV Code Sec. 38-5A-1et seq.
Garnishment vs. wage assignment. Garnishment and assignment of wages are both methods of deducting money from an employee's earnings to repay his or her debts. Garnishment is an involuntary procedure that is usually conducted when the employee has not paid his or her debts voluntarily. Assignment of wages is a voluntary proceeding in which the employee agrees to the deduction and the employee must acknowledge it before a notary public. There is additional information on assignment of wages. .
Support. An employer will initially receive a notice specifying the amount to be withheld from each paycheck. Support orders issued from other states are binding on West Virginia employers. Withholding begins no later than the first pay period or first date for the payment of income 14 days after the date the notice was mailed to the employer and continues until further notice from the Bureau for Child Support Enforcement or until the employee leaves the job (WV Code Sec. 48-14-409; Sec. 48-14-411). Deductions must be sent to the Bureau for Child ...

>> 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 |

West Virginia 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.