![\"\"](\"https:\/\/getirshelp.com\/blog\/wp-content\/uploads\/2017\/10\/Does-my-boss-have-to-honor-a-garnishment-order.jpg\")
\nWrit of Garnishment<\/h2>\n
A “writ of garnishment” is a garnishment order. When an employee has an unpaid debt, a creditor can ask the court to order the garnishment of a person’s wages. Government agencies can also issue a garnishment order for federally-backed student loans or taxes. When the government proceeds with a garnishment order, they do not have to go through the courts.<\/p>\n
Statutory Response<\/h2>\n
When your employer receives the writ\u00a0of garnishment, they need to submit a statutory response. In general, an employer signs the form which states they agree to withhold funds from an employee’s paycheck. The statutory response needs to go back\u00a0to the agency or court that issued it within seven days. Even if there are extenuating circumstances, the employer is legally required to submit the form within seven days.<\/p>\n
Employers Must Withhold Earnings<\/h2>\n
If an employer receives a garnishment order, they need to start withholding earnings from an employee’s paycheck. A garnishment goes into effect immediately upon receipt. The person\u00a0that is\u00a0having their earnings withheld also receives a copy of the order and has a certain number of days to contest the order.<\/p>\n
If a garnishment is contested, the employer stops paying the creditor and sends the money to the court or agency that originally issued the garnishment. The funds will be held at the court or agency until the dispute is resolved.<\/p>\n
If your employer receives a garnishment order, they must adhere to the requirements. If your employer did not follow\u00a0the garnishment order, they could face legal ramifications. On top of legal issues for your employer, the unpaid debt, which triggered the garnishment order in the first place would still have to be handled.<\/p>\n","protected":false},"excerpt":{"rendered":"
I'm Darrin Mish. For 32 years I've practiced federal tax litigation \u2014 routine audits, Tax Court cases, and everything in between. If you're facing an IRS issue, here's what you need to know first. As a tax attorney, one of the most frequently asked questions I receive is about garnishment orders. Besides\u00a0what they are, people […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"rop_custom_images_group":[],"rop_custom_messages_group":[],"rop_publish_now":"initial","rop_publish_now_accounts":[],"rop_publish_now_history":[],"rop_publish_now_status":"pending","footnotes":""},"categories":[602],"tags":[596],"class_list":["post-26418","post","type-post","status-publish","format-standard","hentry","category-irs-faq","tag-irs-wage-garnishment-library"],"_links":{"self":[{"href":"https:\/\/getirshelp.com\/blog\/wp-json\/wp\/v2\/posts\/26418","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/getirshelp.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/getirshelp.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/getirshelp.com\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/getirshelp.com\/blog\/wp-json\/wp\/v2\/comments?post=26418"}],"version-history":[{"count":1,"href":"https:\/\/getirshelp.com\/blog\/wp-json\/wp\/v2\/posts\/26418\/revisions"}],"predecessor-version":[{"id":26449,"href":"https:\/\/getirshelp.com\/blog\/wp-json\/wp\/v2\/posts\/26418\/revisions\/26449"}],"wp:attachment":[{"href":"https:\/\/getirshelp.com\/blog\/wp-json\/wp\/v2\/media?parent=26418"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/getirshelp.com\/blog\/wp-json\/wp\/v2\/categories?post=26418"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/getirshelp.com\/blog\/wp-json\/wp\/v2\/tags?post=26418"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}