§ 34-29. Maximum portion of disposable earnings subject to garnishment.
(a) Except as provided in subsections (b) and (b1), the maximum part of theaggregate disposable earnings of an individual for any workweek which issubjected to garnishment may not exceed the lesser of the following amounts:
(1) Twenty-five percent of his disposable earnings for that week, or
(2) The amount by which his disposable earnings for that week exceed 40 timesthe federal minimum hourly wage prescribed by § 206 (a) (1) of Title 29 ofthe United States Code in effect at the time earnings are payable.
In the case of earnings for any pay period other than a week, the StateCommissioner of Labor and Industry shall by regulation prescribe a multipleof the federal minimum hourly wage equivalent in effect to that set forth inthis section.
(b) The restrictions of subsection (a) do not apply in the case of:
(1) Any order for the support of any person issued by a court of competentjurisdiction or in accordance with an administrative procedure, which isestablished by state law, which affords substantial due process, and which issubject to judicial review.
(2) Any order of any court of bankruptcy under Chapter XIII of the BankruptcyAct.
(3) Any debt due for any state or federal tax.
(b1) The maximum part of the aggregate disposable earnings of an individualfor any workweek which is subject to garnishment to enforce any order for thesupport of any person shall not exceed:
(1) Sixty percent of such individual's disposable earnings for that week; or
(2) If such individual is supporting a spouse or dependent child other thanthe spouse or child with respect to whose support such order was issued, 50percent of such individual's disposable earnings for that week.
The 50 percent specified in subdivision (b1) (2) shall be 55 percent and the60 percent specified in subdivision (b1) (1) shall be 65 percent if and tothe extent that such earnings are subject to garnishment to enforce an orderfor support for a period which is more than 12 weeks prior to the beginningof such workweek.
(c) No court of the Commonwealth and no state agency or officer may make,execute, or enforce any order or process in violation of this section.
The exemptions allowed herein shall be granted to any person so entitledwithout any further proceedings.
(d) For the purposes of this section:
(1) The term "earnings" means compensation paid or payable for personalservices, whether denominated as wages, salary, commission, bonus, paymentsto an independent contractor, or otherwise, whether paid directly to theindividual or deposited with another entity or person on behalf of andtraceable to the individual, and includes periodic payments pursuant to apension or retirement program,
(2) The term "disposable earnings" means that part of the earnings of anyindividual remaining after the deduction from those earnings of any amountsrequired by law to be withheld, and
(3) The term "garnishment" means any legal or equitable procedure throughwhich the earnings of any individual are required to be withheld for paymentof any debt.
(e) Every assignment, sale, transfer, pledge or mortgage of the wages orsalary of an individual which is exempted by this section, to the extent ofthe exemption provided by this section, shall be void and unenforceable byany process of law.
(f) No employer may discharge any employee by reason of the fact that hisearnings have been subjected to garnishment for any one indebtedness.
(g) A depository wherein earnings have been deposited on behalf of andtraceable to an individual shall not be required to determine the portion ofsuch earnings which are subject to garnishment.
(Code 1919, § 6555; 1928, p. 348; 1938, p. 574; 1948, p. 489; 1952, c. 432;1954, cc. 143, 379; 1958, cc. 217, 417; 1960, c. 498; 1970, c. 428; 1978, c.564; 1992, c. 674; 1996, c. 330; 2005, c. 286.)
§ 34-29. Maximum portion of disposable earnings subject to garnishment.
(a) Except as provided in subsections (b) and (b1), the maximum part of theaggregate disposable earnings of an individual for any workweek which issubjected to garnishment may not exceed the lesser of the following amounts:
(1) Twenty-five percent of his disposable earnings for that week, or
(2) The amount by which his disposable earnings for that week exceed 40 timesthe federal minimum hourly wage prescribed by § 206 (a) (1) of Title 29 ofthe United States Code in effect at the time earnings are payable.
In the case of earnings for any pay period other than a week, the StateCommissioner of Labor and Industry shall by regulation prescribe a multipleof the federal minimum hourly wage equivalent in effect to that set forth inthis section.
(b) The restrictions of subsection (a) do not apply in the case of:
(1) Any order for the support of any person issued by a court of competentjurisdiction or in accordance with an administrative procedure, which isestablished by state law, which affords substantial due process, and which issubject to judicial review.
(2) Any order of any court of bankruptcy under Chapter XIII of the BankruptcyAct.
(3) Any debt due for any state or federal tax.
(b1) The maximum part of the aggregate disposable earnings of an individualfor any workweek which is subject to garnishment to enforce any order for thesupport of any person shall not exceed:
(1) Sixty percent of such individual's disposable earnings for that week; or
(2) If such individual is supporting a spouse or dependent child other thanthe spouse or child with respect to whose support such order was issued, 50percent of such individual's disposable earnings for that week.
The 50 percent specified in subdivision (b1) (2) shall be 55 percent and the60 percent specified in subdivision (b1) (1) shall be 65 percent if and tothe extent that such earnings are subject to garnishment to enforce an orderfor support for a period which is more than 12 weeks prior to the beginningof such workweek.
(c) No court of the Commonwealth and no state agency or officer may make,execute, or enforce any order or process in violation of this section.
The exemptions allowed herein shall be granted to any person so entitledwithout any further proceedings.
(d) For the purposes of this section:
(1) The term "earnings" means compensation paid or payable for personalservices, whether denominated as wages, salary, commission, bonus, paymentsto an independent contractor, or otherwise, whether paid directly to theindividual or deposited with another entity or person on behalf of andtraceable to the individual, and includes periodic payments pursuant to apension or retirement program,
(2) The term "disposable earnings" means that part of the earnings of anyindividual remaining after the deduction from those earnings of any amountsrequired by law to be withheld, and
(3) The term "garnishment" means any legal or equitable procedure throughwhich the earnings of any individual are required to be withheld for paymentof any debt.
(e) Every assignment, sale, transfer, pledge or mortgage of the wages orsalary of an individual which is exempted by this section, to the extent ofthe exemption provided by this section, shall be void and unenforceable byany process of law.
(f) No employer may discharge any employee by reason of the fact that hisearnings have been subjected to garnishment for any one indebtedness.
(g) A depository wherein earnings have been deposited on behalf of andtraceable to an individual shall not be required to determine the portion ofsuch earnings which are subject to garnishment.
(Code 1919, § 6555; 1928, p. 348; 1938, p. 574; 1948, p. 489; 1952, c. 432;1954, cc. 143, 379; 1958, cc. 217, 417; 1960, c. 498; 1970, c. 428; 1978, c.564; 1992, c. 674; 1996, c. 330; 2005, c. 286.)
§ 34-29. Maximum portion of disposable earnings subject to garnishment.
(a) Except as provided in subsections (b) and (b1), the maximum part of theaggregate disposable earnings of an individual for any workweek which issubjected to garnishment may not exceed the lesser of the following amounts:
(1) Twenty-five percent of his disposable earnings for that week, or
(2) The amount by which his disposable earnings for that week exceed 40 timesthe federal minimum hourly wage prescribed by § 206 (a) (1) of Title 29 ofthe United States Code in effect at the time earnings are payable.
In the case of earnings for any pay period other than a week, the StateCommissioner of Labor and Industry shall by regulation prescribe a multipleof the federal minimum hourly wage equivalent in effect to that set forth inthis section.
(b) The restrictions of subsection (a) do not apply in the case of:
(1) Any order for the support of any person issued by a court of competentjurisdiction or in accordance with an administrative procedure, which isestablished by state law, which affords substantial due process, and which issubject to judicial review.
(2) Any order of any court of bankruptcy under Chapter XIII of the BankruptcyAct.
(3) Any debt due for any state or federal tax.
(b1) The maximum part of the aggregate disposable earnings of an individualfor any workweek which is subject to garnishment to enforce any order for thesupport of any person shall not exceed:
(1) Sixty percent of such individual's disposable earnings for that week; or
(2) If such individual is supporting a spouse or dependent child other thanthe spouse or child with respect to whose support such order was issued, 50percent of such individual's disposable earnings for that week.
The 50 percent specified in subdivision (b1) (2) shall be 55 percent and the60 percent specified in subdivision (b1) (1) shall be 65 percent if and tothe extent that such earnings are subject to garnishment to enforce an orderfor support for a period which is more than 12 weeks prior to the beginningof such workweek.
(c) No court of the Commonwealth and no state agency or officer may make,execute, or enforce any order or process in violation of this section.
The exemptions allowed herein shall be granted to any person so entitledwithout any further proceedings.
(d) For the purposes of this section:
(1) The term "earnings" means compensation paid or payable for personalservices, whether denominated as wages, salary, commission, bonus, paymentsto an independent contractor, or otherwise, whether paid directly to theindividual or deposited with another entity or person on behalf of andtraceable to the individual, and includes periodic payments pursuant to apension or retirement program,
(2) The term "disposable earnings" means that part of the earnings of anyindividual remaining after the deduction from those earnings of any amountsrequired by law to be withheld, and
(3) The term "garnishment" means any legal or equitable procedure throughwhich the earnings of any individual are required to be withheld for paymentof any debt.
(e) Every assignment, sale, transfer, pledge or mortgage of the wages orsalary of an individual which is exempted by this section, to the extent ofthe exemption provided by this section, shall be void and unenforceable byany process of law.
(f) No employer may discharge any employee by reason of the fact that hisearnings have been subjected to garnishment for any one indebtedness.
(g) A depository wherein earnings have been deposited on behalf of andtraceable to an individual shall not be required to determine the portion ofsuch earnings which are subject to garnishment.
(Code 1919, § 6555; 1928, p. 348; 1938, p. 574; 1948, p. 489; 1952, c. 432;1954, cc. 143, 379; 1958, cc. 217, 417; 1960, c. 498; 1970, c. 428; 1978, c.564; 1992, c. 674; 1996, c. 330; 2005, c. 286.)
