Pennsylvania Wage Garnishment Law

Can my wages be garnished? That may be the number one question that I receive at my office from individuals who are facing a credit card or debt collection lawsuit.

In Pennsylvania, the answer is no, with conditions. Pennsylvania is one of only four states (at the time of this writing) that does not allow wage garnishment for credit card/collection agency lawsuits. Let me explain the conditions now. First, the individual must live and work in PA to be protected. Second, and this is a big one, the lawsuit must have been filed in Pennsylvania as well. If you can meet all three of the listed criteria, your wages cannot be garnished here in our state.

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What is unclear is what happens if you are sued in another state? Or if you live in PA now but previously lived in another state where judgment was entered? There is not a whole lot of case law on interstate debt collection regarding Pennsylvania. There is also a bit of a conflict in the law here. Pennsylvania does not allow wage garnishment for this type of debt. However, the federal Full Faith and Credit Clause sets forth that all states must honor the judicial rulings of other states. On the other hand, our state Attorney General, although not the final arbiter on the issue, has set forth an opinion that this clause is contrary to Pennsylvania law on this issue and that wage garnishment are not permissible. A final decision needs to be rendered on this recurring subject.

Pennsylvania Wage Garnishment Law

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Mission: Impossible Ghost Protocol Description

No plan. No backup. No choice. Agent Ethan Hunt (Tom Cruise) and his elite team (Jeremy Renner, The Avengers and Simon Pegg, Star Trek) go underground after a bombing of the Kremlin implicates the IMF as international terrorists. While trying to clear the agency's name, the team uncovers a plot to start a nuclear war. Now, to save the world, they must use every high-tech trick in the book. The mission has never been more real, more dangerous, or more impossible.

Mission: Impossible Ghost Protocol Complete

The second half of the first decade of the 21st century has been kind of tough for Tom Cruise. That's tough in a way over and above the hardship of living the legacy of one of history's top movie stars--a job more demanding than any mere mortal could imagine. But after two fruitful collaborations with Steven Spielberg (Minority Report and War of the Worlds), his stature took a beating from the one-two hits of those wacky PR gaffes and that string of relative box-office disappointments (Lions for Lambs, Valkyrie, Knight and Day), which seemed to start with the third installment of his Mission: Impossible franchise in 2006. It's hard to say with a straight face that taking in only 8 million worldwide is a disappointment, but it was a low for the series, which some later saw as a prelude to his potentially dimming stardom. But on the cusp of turning 50, it looks like Tom Cruise has put the licking behind him and entered a new phase of self-conception with an upcoming array of roles, starting with a more maturely controlled version of superspy Ethan Hunt in the sleek and supercharged Mission: Impossible - Ghost Protocol. The things Cruise has done right in M: I part four include toning down his youthful, arrogant preening and letting his castmates share more of the spotlight (Jeremy Renner, Paula Patton, and Simon Pegg all have some terrifically shiny moments). He also lets the unique creative vision of director Brad Bird shine through in a first live-action outing for the acclaimed helmer of Iron Giant, The Incredibles, and Ratatouille. Still looking much younger than his years (that hair! those pecs! those abs!), Cruise is playing more age-appropriately, letting a little wisdom and grace seep into his charisma so the wattage of his mere presence smolders a little deeper. It's a nice nod to a graying generation that says you can get older and still be cool. All that is not to say he doesn't play up his action-star chops to the max. In a mostly inconsequential narrative arc that has something to do with purloined nuclear launch codes, an important metal briefcase, satellite uplinks, and global annihilation that leaps from Moscow to Dubai to Mumbai, Cruise is as dangerously nimble as he has ever been. He dangles one-handed from the tallest building in the world, bounds off ledges, springs out of speeding vehicles, tumbles and careens up and down the levels of an automated parking garage, and generally sprints and jumps his way across the movie with only a scratch or bruise to show for it. Also on the outlandish upside is a happily stereotypical villain straight out of Connery-era Bond and as many bleeding-edge gadgets as the art department techno-geeks could dream up. A running gag is that many of these electronic fantasy tools fail at just the wrong moment, which is part of a larger wink acknowledging how utterly preposterous yet ingeniously conceived this behemoth of a movie really is. The gadgetry is not limited just to the miraculous props. Ghost Protocol employs CGI fakery of the highest order from the sub-industry of effects contractors that ratchet up the standard of computing power and software design, one-upping each successive action-adventure extravaganza. The loving detail that goes into blowing up the Kremlin or rendering a photo-realistic sandstorm erupting across the enhanced skyline of an Oz-like desert city is nothing short of miraculous. What's more astonishing is that Tom Cruise closes the deal with a selling power that's as new and improved as the laminates on his multi-million-dollar teeth. --Ted Fry

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Unfortunately, the fact that wage garnishments cannot occur in PA does not stop unethical debt collectors from making such a threat. That is the basis for the telephone calls to my office. Joe Debtor has defaulted on a credit card account. His account gets transferred to a collection agency. The collection agency then calls Joe and demands payment. When he advises that he cannot afford to pay, the collection agency threatens a wage garnishment. There are two problems with such a threat. The first is that the threat cannot be carried out because wage garnishment is not legal in PA for those purposes. The second is that the debt collector has just violated the Fair Debt Collection Practices Act based upon his illegal threat. If this happens to you, you will have the right to file a lawsuit against the collection agency for monetary damages.

There are a few scenarios where wage garnishment is legal in Pennsylvania. These are very limited in scope and are as follows:

1) for judgments regarding spousal or child support;
2) for failure to pay PHEAA student loans;
3) for room and board for 4 weeks or less;
4) for back rent on a residential lease; and
5) for obligations relating to a final divorce distribution.

Pennsylvania Wage Garnishment Law