PA Garnishment Law FAQ's



What is Garnishment?

Garnishment is the act of directing a party who is holding funds (such as a bank) or who is about to pay wages (such as an employer) to an alleged debtor (the person who owes money to someone else) to set that money aside until the Court decides how much the debtor owes to the creditor. Garnishing funds is also a warning to the party who is holding the funds (the Garnishee) not to pay them, and to inform the Court as to how much money is being held. If the garnishee (such as a bank or employer) should mistakenly give the money to the account owner or employee, the Garnishee will be liable to pay the creditor what he/she/it has coming, up to the amount of the funds that were held by the Garnishee. Garnishing wages is a typical means used to collect late child support and alimony payments in Pennsylvania.

Can my wages be Garnished?

Only under very limited circumstances does Pennsylvania law permit the garnishment of wages. Garnishment of wages is a seizure of wages while they are still in the control of the employer, and have not yet been paid out to the employee. An employee's wages, salaries and commissions may be taken from an employer through appropriate legal procedures to satisfy five kinds of debts:

  • judgments for child or spousal support
  • PHEAA student loans
  • room and board for four weeks or less
  • back rent on a residential lease
  • obligations relating to final divorce distribution

Your wages cannot be garnished for any other purpose. Garnishment of wages can only be accomplished only by a court order directed to the employer and no such court order can be issued without fair notice to the debtor/wage earner. Other than the kinds of debt listed above, no other debt or legal obligation can give rise to wage attachment in Pennsylvania. Federal laws such as IRS garnishment procedures may be used to garnish wages of Pennsylvania residents, but only through the federal court system.

Can a Credit Card Company Garnish my Wages or Bank Account?

A credit card company cannot garnish your wages in Pennsylvania, if you live and work in PA. Under Pennsylvania law, garnishment of wages can only occur in limited circumstances, and a Credit Card Company does not meet those circumstances.

On the other hand, a Credit Card Company can garnish your bank account, including wages that are deposited there, IF they first obtain a judgment against you in a Court of Law.

Can my Bank Account be Garnished?

While your wages may be safe, your bank accounts are not nearly as protected. If any legal judgment has been entered against you, the holder of that judgment can garnish money in your bank accounts by obtaining a court order against your bank. But for a few minor exceptions such as the statutory exemptions and payments received from Social Security, the entirety of all of your bank accounts may be subject to garnishment by one who has entered a judgment against you. This applies to wages as well, once they have been paid to you, as they become vulnerable to garnishment once they are deposited into your personal checking account.

Can I get Arrested if I do not pay a debt or judgment?

For the most part, NO. If the judgment against you or the debt that you owe is Civil in nature, (like a credit card debt) you will not get arrested for mere failure to pay that judgment or debt. On the other hand, if you should be found in Contempt of Court by a Judge, for reasons related to the judgment or debt, that Judge could send you to jail under limited circumstances. If the judgment against you is related to spousal support or child support, failure to pay could result in jail time. You should contact a lawyer in that instance.

Can a Debt Collector threaten to garnish my wages in PA?

A debt collector cannot threaten to garnish wages in PA unless it actually has the right/possibility to do so.  A credit card company, or a collection agency would not typically have this right under PA law. If a Debt collector does threaten to garnish your wages, you may be eligible to file a lawsuit against them.


Pittsburgh PA LawyerI am well versed in the rights of creditors and debtors, and in many areas of consumer law, based in part in my knowledge of the law and my experience in dealing with hundreds and hundreds of these types of cases. If you have a collection agency attempting to collect a debt from you, by means of garnishment or otherwise, please contact my office at 412-823-8003 or send an email to Attorney Greg Artim