Wage garnishment can be confusing. A “Sample Letter To Employee Regarding Garnishment Ms” helps explain it. This letter informs an employee about a court order. The order requires you to withhold part of their wages. You might need this letter when you receive a legal notice to garnish an employee’s pay.
Writing this letter can feel daunting. It’s important to be clear and compliant. We understand you need help.
That’s why we’re here. We will share several sample letters. These samples will make writing easier. Use these as templates to create your own garnishment letter.
Sample Letter To Employee Regarding Garnishment Ms
[Date]
[Employee Name]
[Employee Address]
Subject: Wage Garnishment Order
Dear [Employee Name],
This letter is to inform you that we have received a wage garnishment order from [Issuing Authority] regarding your wages. This order requires us to withhold a certain amount from your paycheck each pay period, as directed by the garnishment order.
The garnishment is for [Briefly State Reason for Garnishment, e.g., unpaid debt, child support]. The creditor in this case is [Creditor’s Name].
The garnishment will begin with your paycheck dated [Date of First Deduction]. The amount to be withheld each pay period will be [Dollar Amount] or [Percentage] as stipulated in the garnishment order.
We are legally obligated to comply with this order. We encourage you to contact [Issuing Authority] or [Creditor’s Name] directly if you have any questions or wish to discuss the garnishment. You may also wish to seek legal advice.
We understand that wage garnishments can be difficult, and we are here to answer any procedural questions you may have about how the garnishment will be processed through payroll. Please feel free to contact [HR Contact Person] at [Phone Number] or [Email Address].
Sincerely,
[Your Name]
How to Write Sample Letter To Employee Regarding Garnishment Ms
Subject Line: Concision is Key
- Keep it brief and to the point.
- Example: “Wage Garnishment Order Received” or “Notification of Wage Garnishment.”
- Avoid ambiguity; the employee should immediately understand the letter’s gist.
Salutation: Maintaining Professional Demeanor
- Use a formal salutation.
- “Dear Ms. [Employee’s Last Name],” is generally appropriate.
- Avoid overly casual greetings to underscore the gravity of the situation.
Introduction: Priming the Employee
- State the purpose of the letter upfront.
- Acknowledge receipt of the garnishment order from the relevant authority.
- Example: “This letter serves to inform you that we have received a wage garnishment order from [Issuing Authority] concerning your wages.”
Body Paragraph 1: Detailing the Garnishment
- Provide pertinent details about the garnishment order.
- Include the case number, the creditor’s name, and the amount to be garnished.
- Be specific; avoid vague language that could lead to misinterpretations.
- Example: “The order, case number [Case Number], mandates that we garnish [Amount] from your wages to satisfy a debt owed to [Creditor’s Name].”
Body Paragraph 2: Impact and Implications
- Explain how the garnishment will affect the employee’s paycheck.
- Specify the effective date of the garnishment.
- Mention the frequency and duration of the deductions.
- Example: “Deductions will commence on [Start Date] and will continue each pay period until the debt is satisfied or the order is rescinded.”
Employee Options and Resources: Offering Recourse
- Inform the employee of their rights and options.
- Suggest consulting with a legal professional or contacting the issuing authority for clarification.
- Provide contact information for relevant resources, if available.
- Example: “You have the right to contest the garnishment order. We recommend consulting with an attorney or contacting [Issuing Authority] for further information regarding your rights.”
Closing: Formal Sign-off
- Use a professional closing.
- “Sincerely,” or “Respectfully,” are suitable choices.
- Include your name and title.
- Ensure the letter is signed by an authorized representative of the company.
Frequently Asked Questions: Employee Wage Garnishment
This section provides answers to common questions regarding employee wage garnishments. It aims to clarify the process and legal obligations involved in handling garnishments.
What is a wage garnishment?
A wage garnishment is a legal process where a creditor obtains a court order requiring an employer to withhold a portion of an employee’s earnings to satisfy a debt.
What are my responsibilities as an employer when I receive a garnishment order?
As an employer, you are legally obligated to comply with the garnishment order. This includes calculating the amount to be withheld, withholding the funds from the employee’s wages, and remitting the funds to the appropriate creditor or agency.
How do I calculate the amount to be withheld for garnishment?
The garnishment order will specify the amount or percentage to be withheld. You must adhere to federal and state laws regarding maximum garnishment amounts, which are generally based on the employee’s disposable earnings (gross wages less legally required deductions).
What happens if an employee has multiple garnishment orders?
When an employee has multiple garnishment orders, priority is typically given to certain types of debts, such as child support. You should consult with legal counsel to determine the proper order of priority and withholding procedures.
Can I terminate an employee due to a wage garnishment?
Federal law prohibits terminating an employee due to garnishment for any one debt. However, state laws may vary, and you should consult with legal counsel to ensure compliance with all applicable regulations.
