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Garnishment Policy Form Template

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What Is It?

A Garnishment Policy form is a document that outlines a company's policies and procedures for complying with wage garnishment orders. Wage garnishment is a legal process by which a portion of an employee's earnings is withheld by the employer and paid directly to a creditor or government agency to satisfy a debt.

The purpose of a Garnishment Policy form is to ensure that the company is in compliance with the applicable laws and regulations governing wage garnishments and to provide clear guidance to employees and managers on the company's policies and procedures in this area.

When To Use?

A Garnishment Policy form should be used when an employer receives a wage garnishment order and needs to comply with the legal requirements for wage garnishment. In such cases, the employer must take steps to calculate the correct amount to be withheld, notify the employee of the wage garnishment, and make the required payments to the creditor or government agency.

The Garnishment Policy form should be used to ensure that the employer is following the applicable laws and regulations regarding wage garnishment and to provide clear guidance on the company's policies and procedures for compliance. It is important for employers to have a clear and well-defined Garnishment Policy to ensure consistency in the handling of wage garnishments and to minimize the risk of errors or non-compliance.

What To Include?

A Garnishment Policy form should include the following key elements:

  1. Obligations under wage garnishment laws: Information on the company's legal obligations in response to a wage garnishment order, including the calculation of the amount to be withheld, the frequency of payments, and the proper reporting of wage garnishments.
  2. Verification of garnishment orders: Information on the company's responsibilities related to verifying the validity of garnishment orders, including how to determine the correct amount to be withheld and how to notify the employee of the wage garnishment.
  3. Employee notification: Information on how the employee will be notified of the wage garnishment and the steps the employee can take if they dispute the garnishment.
  4. Payment of wage garnishments: Information on how wage garnishments will be paid, including the frequency of payments, the method of payment, and how to handle multiple wage garnishments for the same employee.
  5. Limitations on wage garnishments: Information on any limitations on wage garnishments, such as maximum amounts that can be withheld and exemptions for certain types of income.
  6. Recordkeeping requirements: Information on the company's recordkeeping requirements for wage garnishments, including the information that must be maintained and the length of time records must be kept.
  7. Compliance with applicable laws: Information on the company's commitment to compliance with all applicable laws and regulations regarding wage garnishments.

Here is a Garnishment Policy Form Template to get you started!

Garnishment Policy Form
Policy number
Date
Pertains to

I. Introduction:

This Garnishment Policy outlines the procedures that the company will follow in response to a garnishment order received from a government agency or creditor. The purpose of this policy is to ensure compliance with applicable laws and to protect the company and its employees from liability.

II. Definitions:

A. Garnishment: A legal procedure in which a creditor can take money directly from an individual's wages to satisfy a debt.

B. Debtor: An individual who owes a debt to a creditor.

C. Creditor: A person or entity to whom a debt is owed.

III. Policy:

A. Receipt of Garnishment Order: The company will immediately notify the employee upon receipt of a garnishment order. The company will also provide the employee with a copy of the garnishment order.

B. Withholding and Remitting Funds: The company will comply with the garnishment order by withholding the specified amount from the employee's wages and remitting the funds to the government agency or creditor.

C. Compliance with Applicable Laws: The company will comply with all applicable laws and regulations related to garnishments, including but not limited to the Consumer Credit Protection Act (CCPA) and state wage garnishment laws.

D. Confidentiality: The company will maintain the confidentiality of any information related to an employee's garnishment and will not disclose such information to anyone except as required by law.

IV. Responsibility:

The Human Resources department is responsible for ensuring that this Garnishment Policy is followed and for responding to any questions or concerns from employees regarding garnishments.

V. Disclaimer:

This Garnishment Policy is intended for informational purposes only and should not be construed as legal advice. The company recommends that employees seek legal counsel for specific questions or concerns related to garnishments.

VI. Effective Date:

This Garnishment Policy is effective as of the date of its issuance and supersedes any prior policy or practice related to garnishments.

Signed by: _____________

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Senior Talent Acquisition - Manpower Group
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Manatal is a sophisticated, easy-to-use, mobile-friendly, and cloud-based applicant tracking system that helps companies achieve digitalization and seamless integration to Linkedin and other job boards. The team at Manatal is very supportive, helpful, prompt in their replies and we were pleased to see that the support they offer exceeded our expectations.
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HR Manager, Talent Sourcing & Acquisition - Suntory PepsiCo Beverage
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