Wage Garnishment in Pennsylvania: Your Rights and How to Stop It
By Bryan P. Keenan ยท October 10, 2024
Few things cause as much panic as finding out your paycheck is about to be reduced by a court order. Wage garnishment feels invasive and unfair, especially when you are already struggling to make ends meet. The good news, if you live in Pennsylvania, is that our state has some of the strongest wage garnishment protections in the country. The bad news is that those protections are not absolute, and there are situations where garnishment can still happen.
Pennsylvania's Wage Garnishment Protections
Pennsylvania is one of only four states that prohibit most creditors from garnishing wages for consumer debts like credit cards, medical bills, and personal loans. This means that even if a credit card company sues you and wins a judgment, they generally cannot take money directly from your paycheck in Pennsylvania.
This is a significant protection. In most other states, a judgment creditor can garnish up to 25% of your disposable earnings. Here in Pennsylvania, your wages are largely off limits for ordinary consumer debts.
However, there are important exceptions to this rule.
When Your Wages Can Be Garnished
Pennsylvania's wage protection does not apply to all types of debt. Your wages can be garnished for:
Unpaid taxes. The IRS and Pennsylvania Department of Revenue can garnish your wages without the same limitations that apply to private creditors. Federal tax levies can take a significant portion of your paycheck. If tax debt is part of your situation, this is a real concern.
Child support and alimony. Court-ordered support obligations are enforced through wage garnishment in Pennsylvania. Up to 50% to 60% of your disposable income can be garnished for support obligations.
Student loans. Federal student loan servicers can garnish up to 15% of your disposable earnings through an administrative wage garnishment process, without even needing a court judgment.
Agreements to garnish. In some cases, if you signed an agreement allowing wage garnishment as a condition of a loan, that agreement may be enforceable.
Bank Account Garnishment: The Workaround
Here is where many Pennsylvanians get caught off guard. While your wages are protected while they are in your employer's hands, that protection becomes complicated once the money hits your bank account.
A judgment creditor in Pennsylvania can levy your bank account. This means they can freeze the account and take money from it to satisfy the judgment. If your bank account contains wages, you may be able to claim an exemption to protect those funds, but the process requires you to act quickly and prove that the money in the account came from wages.
This is a common scenario at our office. A client's wages are protected from garnishment, but a creditor obtained a judgment and levied their bank account right after a paycheck was deposited. The client suddenly cannot access their own money and has bills due in days.
To protect yourself, you need to be able to trace the money in your account to wage deposits. Keep good records of your direct deposits. If your account is levied, you typically have to file an objection with the court within ten days, showing that the funds are exempt wages.
How to Stop Active Garnishment
If you are currently experiencing wage garnishment for taxes, student loans, or support, or if a creditor has levied your bank account, there are options:
Negotiate with the creditor. Some creditors will agree to a payment plan in lieu of continuing the garnishment. This is most common with tax agencies, which have installment agreement programs.
Challenge the garnishment in court. If you believe the garnishment is improper, exceeds legal limits, or if you were not properly notified, you can file an objection with the court. You typically have a short window to do this, so acting quickly matters.
File for bankruptcy. This is the most powerful tool available. Filing for Chapter 7 or Chapter 13 bankruptcy triggers an automatic stay that stops most garnishments immediately. The automatic stay goes into effect the moment the petition is filed with the bankruptcy court. Your employer or bank receives notice that they must stop the garnishment.
For wage garnishment on taxes, Chapter 13 can be particularly effective because it allows you to repay tax obligations over a three-to-five-year plan while stopping all collection activity, including garnishment.
Preventing Garnishment Before It Starts
The best way to deal with garnishment is to address the underlying debt before it reaches that stage. Garnishment happens at the end of a process that includes falling behind on payments, receiving collection notices, being sued, having a judgment entered, and then having the judgment enforced.
There are opportunities to intervene at each step. If you have been served with a lawsuit, responding to it and exploring your options is far better than ignoring it and waiting for a judgment. If a judgment has been entered but no garnishment has started, this is the time to evaluate whether bankruptcy or negotiation makes sense.
If you are at any point in this process and feel uncertain about your rights or your options, a conversation with an attorney can give you clarity. Wage garnishment and bank account levies move quickly once they start, so understanding your position before the crisis hits is always better than scrambling to react afterward. Our bankruptcy FAQ page answers many common questions about how filing can protect your income and assets.
Need Help With Your Debt? Contact Bryan P. Keenan & Associates for a free consultation. Call 412-923-4941 or send us a message.