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Creditor Garnishment and Voluntary Wage Assignments



Thursday, March 1, 2012
Product Code - PYAU01
Speaker(s): Amorette (Amy) Bryant, CPP
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Even though creditor garnishments represent only about 15% of the total wage attachments employers receive, they present the greatest financial risk to the employer. Not only is it important to withhold correctly, but penalties may be assessed if other requirements, such as submitting answers to written questions are not provided within the required period of time.

Creditor garnishments are one type of wage attachment that rely heavily on the understanding of state laws and the ability to compare those laws with the federal Consumer Credit Protection Act to make sure the least amount is deducted from earnings. Changes to how garnishments are calculated continually take place, such as in 2011 when Massachusetts changed from a minimum exempt amount of 30 time's federal minimum wage to greater number of hours and state minimum wage. Those types of changes require systems changes as well as paperwork changes.

Even though not a garnishment, voluntary wage assignments must also be addressed by employers. It is not always clear if withholding must take place or not.

Join Amy Bryant, CPP, in this intermediate level discussion to:

  • Learn how to avoid the pitfalls of garnishments by paying attention to important details in the order and how to find those details
  • Learn what to do when a garnishment is served for a person who is terminated, or not found in the payroll master file.
  • Learn tips to ensure interrogatories are completed correctly and filed on time.
  • Learn about the Georgia ruling certain interrogatories be signed by an attorney
  • Determine if state or federal law is more favorable to an employee through discussion and examples.
  • Find out what laws apply to withholding for multiple wage attachments or multiple creditor garnishments.
  • Find out how the rules of aggregation work through explanation and examples.
  • Find out why deductions must be held in some states, before the money is turned over to the court, an attorney or the creditor
  • Learn about creditor garnishments issued from another state and some ways to determine if you might need to withhold.
  • Understand the difference between a Voluntary Wage Assignment and a Creditor Garnishment and whether a voluntary assignment must be followed. 

Amorette (Amy) Bryant, CPP

 Bryant resized
Amorette (Amy) Bryant
, CPP, has 15 years of experience managing large payroll departments in both the private and public sectors, and 12 years of experience as a consultant .  A widely recognized authority in the area of Garnishment Administration, her background also includes: 

  • Author of the Complete Guide to Federal and State Garnishment, 2010  edition, Aspen Publishers
  • Coauthor of the  Federal Office of Child Support Enforcement's The Employer's Desk Guide to Child Support.
  • Member of the APA Subcommittee for Child Support and the Subcommittee for Wage Attachments   
  • Worked with the federal Office of Child Support Enforcement to design the Order/Notice to Withhold