Westall, Gray & Connolly, P.A. | firstname.lastname@example.org | 828-254-6315 | Hours: M-F 8:30am - 5pm
When we meet with people in Asheville and the surrounding areas, they frequently tell us that they are concerned about creditors garnishing their wages. There are some federal laws governing how much can be withheld from an employee’s wages, however, most of the laws on wage garnishment are found at the state level. North Carolina happens to be one of the few states that, but for a few creditors, does not allow wage garnishment.
While we generally consider North Carolina to be a “no garnishment” state, there are certain categories of debts that are considered “special” and are exceptions to the rule. This means that, generally, your wages will not be garnished by your credit card company, by a bank for a mortgage deficiency, by your cell phone provider, or by any other creditors that do not fall within the exceptions listed below. Your wages can be garnished to collect certain tax related debts, child support, alimony, government guaranteed student loans, EMS services and certain court ordered payments. While your wages can be garnished to collect these types of debts this does not necessarily mean that they will be garnished. Garnishment can only happen after a proscribed legal process.