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Posted: Wed Aug 29, 2007 3:01 pm Subject: Question about wage assignments

Is this the same as garnishment? Garnishment is illegal in Texas (I think except for federal like child support, student loans, etc). So if this is the case if a pdl (or a collection agency for that matter)tried it would the employer just laugh at em?

Posted: Wed Aug 29, 2007 3:03 pm Subject:

Golden a wage assignment is a voluntary thing...so if you write them a letter and revoke the wage assignment...then give a copy to your payroll person or HR office...then it has no chance of going through.

Posted: Wed Aug 29, 2007 3:06 pm Subject:

Garnishment laws do not apply to wage assignments. They are 2 totally different things. A garnishment requires a court order, while a wage assignment is voluntary.

Posted: Wed Aug 29, 2007 3:15 pm Subject:

But I did find this in the Texas Code:

Posted: Wed Aug 29, 2007 3:20 pm Subject:

Is there a similar statute in PA, does anyone know?

Posted: Wed Aug 29, 2007 3:23 pm Subject:

Let me see if I can find anything . . . Give me a minute.

Posted: Wed Aug 29, 2007 3:28 pm Subject:

I didn't find anything like that for PA . . . . That doesn't mean there isn't one, but it isn't in the same place as Texas, Oregon, and Florida's law.

Posted: Wed Aug 29, 2007 4:41 pm Subject:

So then basically will an employer tell a collector to take a hike that it is not allowed, or can it go through, but then you have the company on yet another law broken?

Posted: Wed Aug 29, 2007 7:36 pm Subject:

Yes, that's true, but you have to be very proactive with your employer and tell them that you are revoking anything you may have signed to take out the PDL in the first place. You can't assume that they will automatically not honor the wage assignment, but must put something in writing immediately saying that you are revoking it.

Posted: Wed Aug 29, 2007 9:36 pm Subject:

my office manager says that businesses do not have to garnish pay checks unless it is ordered by the court.

Posted: Thu Aug 30, 2007 5:12 am Subject:

Is it possible for this wage assignment to be inserted somewhere deep in the contract or would it have to be a separate 'paper' to be signed? I'm getting very annoyed at my PDL as I requested the contract almost 2 weeks ago and not a peep out of them.

Posted: Thu Aug 30, 2007 6:46 am Subject:

Most of them put it as a clause somewhere deep in the contract.

It can be hard to get a copy of the contract from some pdl's . . . . . Sometimes downright impossible.

What you would do if the company still trys to put through the wage assignment is this: Show your employer the law stating wage assignments are illegal in Texas. If the employer still goes through with it, you have them on a labor violation. It is illegal for your employer to deduct this from your wages. There is a similar law in my state, and a member here from my state had a situation where her employer put through a wage assignment. She contacted the dept of labor, and her company very quickly refunded her the money they took out.

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