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Training For West Virginia Garnishment Law Requirements

What Is A Garnishment?

A wage garnishment is any legal or equitable procedure through which some portion of a person's earnings is required to be withheld by an employer for the payment of a debt. The six basic types of garnishments are child support, federal, state, or local levies, creditor garnishments, and student loans, with the largest amount of garnishments being for child support.

West Virginia Garnishment Law Requirements

West Virginia employers that receive a wage garnishment must comply with West Virginia garnishment laws as well as applicable federal requirements. West Virginia law establishes procedures for garnishing an employee's earnings and provides exemptions and limitations that payroll departments must consider when processing a garnishment.

West Virginia Wage Garnishment Overview

A West Virginia wage garnishment is a legal process through which a creditor may require an employer to withhold part of an employee's earnings to satisfy a judgment. West Virginia garnishment procedures are primarily governed by Chapter 38 of the West Virginia Code.

A creditor generally must obtain a judgment before pursuing a post-judgment wage garnishment. A writ of execution or other appropriate legal process may then be used to reach nonexempt earnings belonging to the judgment debtor.

How Much Can Be Garnished in West Virginia?

For most ordinary creditor garnishments, federal law generally limits the amount that may be withheld from an employee's disposable earnings to the lesser of:

• 25% of the employee's disposable earnings
• The amount by which disposable earnings exceed 30 times the federal minimum hourly wage

West Virginia law also provides exemptions and protections that can affect the amount available for garnishment. Payroll should review the specific writ, the type of debt, existing withholding orders, and applicable West Virginia and federal requirements before calculating the withholding amount.

West Virginia Disposable Earnings

Disposable earnings generally mean the portion of an employee's earnings remaining after deductions required by law have been withheld.

Employers should calculate disposable earnings before applying the applicable garnishment limitation. A garnishment should not simply be calculated as a percentage of gross wages.

West Virginia Wage Garnishment Process

A West Virginia wage garnishment generally begins after a creditor obtains a judgment and uses the appropriate court process to reach the judgment debtor's earnings.

When an employer receives a West Virginia wage garnishment, payroll should:

• Record the date the garnishment is received or served
• Review the writ, judgment, notice, and garnishment instructions
• Verify the employee's identity and employment status
• Determine the employee's gross earnings and disposable earnings
• Identify the type of debt covered by the garnishment
• Calculate the amount that may legally be withheld
• Review existing garnishments and support withholding orders
• Determine whether an exemption or special rule applies
• Complete and return any required employer answer or response
• Withhold wages according to the applicable legal process
• Remit withheld amounts according to the applicable instructions
• Continue withholding while the order remains effective
• Maintain records of calculations, withholding, and payments

West Virginia Garnishment Orders

An employer that receives a valid West Virginia wage garnishment may become a garnishee and may be required to withhold nonexempt earnings belonging to the judgment debtor.

West Virginia law establishes procedures governing the service of garnishment process and the garnishee's response. Employers should carefully review the writ and comply with the deadlines and instructions contained in the legal documents.

Employers should respond accurately and within the deadline stated in the garnishment documents. Failure to properly answer or comply with a valid garnishment can result in additional legal consequences for the employer.

West Virginia Garnishment Exemptions

West Virginia law provides exemptions that may protect certain property and income from execution or garnishment. Some exemptions apply to specific types of property or benefits, while wage garnishment limitations are also affected by federal law.

Certain public benefits, retirement funds, workers' compensation benefits, unemployment compensation, and other protected funds may receive special treatment under West Virginia or federal law.

Employees may have additional federal protections depending on the type of debt and source of the funds.

Employers should not independently determine whether an employee's wages or other property are exempt unless the applicable legal process requires the employer to make that determination. Payroll should follow the garnishment order and any subsequent court instructions.

West Virginia Child Support Garnishment

Child support and other family-support obligations are subject to special West Virginia and federal requirements and generally receive priority over ordinary creditor garnishments.

West Virginia employers receiving an income withholding order for child support should follow the specific order and applicable West Virginia and federal requirements rather than applying the ordinary creditor-garnishment calculation.

Federal law generally permits withholding up to 50% of disposable earnings when the employee is supporting a spouse or dependent child other than the person receiving support, or up to 60% when the employee is not supporting another spouse or dependent child. An additional 5% may generally be withheld when the support obligation is more than 12 weeks in arrears.

West Virginia Tax Garnishments

Federal and West Virginia tax collection actions may be subject to specialized levy procedures that differ from an ordinary creditor garnishment.

Employers receiving a federal or West Virginia tax levy should follow the instructions provided by the applicable taxing authority rather than automatically applying the ordinary West Virginia wage-garnishment calculation.

West Virginia Student Loan Garnishment

Defaulted federal student loans may be subject to administrative wage garnishment under federal law. Federal administrative wage garnishment can generally require withholding of up to 15% of disposable pay for qualifying defaulted federal student loans.

Employers receiving a federal student loan administrative wage garnishment should follow the instructions from the issuing federal agency or guaranty agency.

West Virginia Bankruptcy Garnishment

Bankruptcy-related wage withholding can be subject to federal bankruptcy law and may operate differently from an ordinary West Virginia judgment garnishment.

Employers receiving a bankruptcy-related wage order should review the order carefully and follow the applicable federal and West Virginia requirements.

Multiple Garnishments in West Virginia

West Virginia employers may receive multiple garnishment and income withholding orders affecting the same employee. Payroll should review each order to determine its type, priority, effective date, and applicable withholding limitation.

Child support and other legally prioritized withholding orders may be subject to different rules than ordinary creditor garnishments. Employers should maintain a complete record of all garnishments affecting an employee and should not assume that multiple orders permit withholding beyond the applicable legal maximum.

Federal Garnishment Limits

West Virginia employers must comply with the federal Consumer Credit Protection Act in addition to West Virginia garnishment law. For ordinary consumer debts, federal law generally limits garnishment to the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum hourly wage.

Different federal limits apply to child support, tax debts, federal student loans, bankruptcy, and certain other obligations. Payroll should identify the type of debt before calculating the withholding.

Protection From Discharge

Federal law generally prohibits an employer from discharging an employee because the employee's earnings have been garnished for any one indebtedness.

Employers should therefore avoid adverse employment action based solely on an employee's garnishment status.

When to Stop a West Virginia Wage Garnishment

Employers should continue withholding while the garnishment remains legally effective and wages remain subject to the order.

Withholding should stop when the garnishment has been legally terminated, released, satisfied, or otherwise modified by the appropriate court or authorized authority.

Payroll should not stop a garnishment solely because an employee states that the debt has been paid. Appropriate documentation should be obtained before terminating or changing the withholding.

West Virginia Garnishment Recordkeeping

Employers should maintain records of:

• Garnishment writs and orders
• Dates of service
• Court judgments and related documents
• Employer answers and responses
• Employee earnings
• Disposable-earnings calculations
• Amounts withheld
• Amounts remitted
• Support withholding orders
• Correspondence concerning the garnishment
• Documentation terminating or modifying the garnishment

Accurate records are especially important when an employee has multiple garnishments, support obligations, tax levies, bankruptcy orders, or changes to the underlying court order.

Important West Virginia Garnishment Compliance Points

West Virginia wage garnishment compliance requires more than applying a fixed percentage to an employee's paycheck. Payroll must identify the type of obligation, calculate disposable earnings, apply the appropriate West Virginia and federal limits, consider exemptions and priority rules, respond to the garnishment order, and remit withheld wages according to the applicable instructions.

For most ordinary creditor garnishments, the federal maximum is generally the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum hourly wage. Special rules apply to child support, taxes, federal student loans, bankruptcy, and other obligations.

West Virginia Garnishment Law Changes

West Virginia garnishment laws and procedures can change through legislation, court decisions, and administrative requirements. Employers should periodically review current West Virginia law and the specific garnishment documents they receive to ensure that payroll calculations and procedures remain compliant.

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