Wage Garnishment in Pennsylvania: What You Need to Know

Wage garnishment is when money gets taken from your paycheck to pay debt. Pennsylvania protects workers better than most states. Most creditors can’t garnish your wages here for common debts like credit cards or medical bills.

Only specific debts can lead to wage garnishment in Pennsylvania. These include unpaid rent, child support, taxes, and federal student loans. You have rights and options if your wages are at risk.

What Is Wage Garnishment?

Wage garnishment means money gets taken directly from your paycheck to pay off a debt. In Pennsylvania, this is sometimes called wage attachment.

Pennsylvania offers stronger consumer protections than most other states. Creditors can’t garnish wages to collect regular debts like credit cards or medical bills. Only a few types of debts qualify for wage garnishment here.

Most wage garnishment cases in Pennsylvania go through state courts. These typically involve unpaid rent owed to a landlord.

Who Can Garnish My Wages in Pennsylvania?

Pennsylvania doesn’t allow creditors or debt collectors to garnish wages for consumer debts. You’re protected from garnishment for credit cards, medical bills, personal loans, payday loans, and defaulted car or mortgage payments.

Your wages can only be garnished for these specific debt types:

• Unpaid residential rent
• Child support
• Spousal support or divorce-related payments
• Certain state and federal taxes
• Federal student loans
• Restitution ordered in a criminal case

More than one creditor can garnish your wages at once if the debts qualify.

Does Wage Garnishment Require a Court Order in PA?

Usually, a court order is needed before garnishment can begin. But government entities don’t usually need one. This applies if you owe child support, back taxes, or defaulted federal student loans.

Government agencies can collect directly from your paycheck. They can even garnish your tax return.

The Wage Garnishment Process in Pennsylvania

A landlord, creditor, or debt collector must get a Pennsylvania court judgment to garnish your wages. The creditor must follow specific steps to get this court order.

Creditor Serves a Summons and Complaint

The lawsuit process starts with a creditor filing documents in civil court. These documents must be delivered to you through a process called service.

You can contact the court’s clerk with questions about the lawsuit process. Many debt lawsuits happen in the court of common pleas or Philadelphia Municipal Court.

The lawsuit procedure must follow Pennsylvania’s Rules of Civil Procedure. These rules outline the steps for civil lawsuits.

You Answer the Summons and Complaint

You must file your answer with the court within 20 days after service. You can represent yourself or hire an attorney to represent you.

Worried about responding on your own but can’t afford a lawyer? Our partner Solo helps you draft an answer for a small fee. They’ve helped over 300,000 people respond to debt lawsuits with a money-back guarantee.

You Can Raise Objections and Defenses

You may be able to object to the claim for judgment. Common objections include:

• You don’t owe the debt
• You were improperly served
• The debt amount is wrong
• The debt was discharged in bankruptcy
• The landlord incorrectly calculated your security deposit or had an invalid lease

Pennsylvania has special rules that limit landlord wage garnishments for victims of abuse.

Show up in court regardless of whether you have an objection. If you don’t appear, the creditor will win a default judgment. Stopping the wage garnishment becomes much harder after that.

The Judge Makes a Decision at a Court Hearing

The judge examines the lease, receipts, laws, documents, and testimonies. Then they make a decision and write a court order.

If the judge rules for the creditor, the judgment includes the debt amount owed. It also includes costs, interest, and fees.

The Creditor Serves the Notice of Intent to Attach Wages

Once the creditor has a judgment, they can fill out forms to start garnishment. One form is the Praecipe for Notice of Intent to Attach Wages.

The court clerk attaches the notice with current federal poverty guidelines. The creditor has these papers served on you.

If you’re exempt based on your income and federal poverty guidelines, act fast. You must file an exemption claim within 30 days. Don’t ignore that Notice of Intent.

Rule 3312 in the Civil Procedures has the exemption claim form. You can also contact the court clerk for help.

You Can Make a Claim for Exemption

File the claim within 30 days and the clerk notifies the creditor you’re exempt. Wait until after your wages are garnished? You’ll have to return to court and get an order to stop it.

Your Employer Is Served and Withholds Money From Your Paycheck

If you do nothing, the clerk sends a Writ for Attachment of Wages to your employer. Your employer must legally withhold a certain amount from your wages. They send that money to the court clerk for your debt.

How Much of My Paycheck Can Be Taken by Wage Garnishment?

A creditor can’t take your whole paycheck to pay your debt. They also can’t take more than the judgment amount, including fees, costs, and interest.

Wage garnishment laws ensure you have enough money to survive. Federal and state laws include formulas that determine garnishment amounts.

The calculation starts with your disposable income. Disposable income is your income after legally required deductions.

A creditor-landlord in Pennsylvania can only deduct 10% of your disposable wages for past-due debt.

You’re exempt from garnishment if your wages fall below federal poverty guidelines. Your wages and bank account can’t be garnished if you qualify for exemption.

In Pennsylvania, your wages are also exempt if the judgment was for damaged rental property and you were a victim of abuse.

Different limits apply for child support, alimony, federal taxes, and student loans.

How To Stop a Garnishment in Pennsylvania

You have only a few ways to stop wage garnishment if you aren’t exempt.

You can:

• Pay the debt in full
• Negotiate a payment plan
• File bankruptcy

When you file bankruptcy, an automatic stay goes into effect immediately. It stops most collection activities, including wage garnishment.

In Pennsylvania, you can use federal or state exemptions during bankruptcy to protect your property. You must have lived in Pennsylvania for at least two years to claim state exemptions.

If you file bankruptcy, you may get all your debt discharged. You’ll no longer owe the debt and collectors can no longer try to collect it. You can speak with a bankruptcy attorney for free to explore your options.

What Laws Govern Wage Garnishment in Pennsylvania?

Both state and federal laws control how wage garnishment works. The federal law is the Consumer Credit Protection Act (CCPA). In Pennsylvania, Title 42 of state law also applies.

If state and federal rules differ, the law protecting more of your paycheck applies. In most cases, Pennsylvania’s laws give workers more protection than federal law does.

Resources for People Facing Wage Garnishment in Pennsylvania

If you’re facing wage garnishment in Pennsylvania, these resources may help:

• Pennsylvania Legal Aid Network: Contact information for statewide legal aid offices
• Pennsylvania Free Legal Answers: An online service where you can ask legal questions and get responses from volunteer attorneys
• PALawHelp.org: Phone numbers, legal clinic locations, and a handbook on creditor lawsuits. Also has helpful info for military members and veterans facing wage garnishment
• Allegany County Law Library: Free information to understand court processes, links to forms, and numerous pro bono resources