WAGE WITHHOLDING ORDER
IN THE [COURT NAME] COURT
[COURT ADDRESS]
[COUNTY], [STATE]
CASE NO.: [CASE NUMBER]
[PLAINTIFF/PETITIONER NAME],
Plaintiff/Petitioner,
v.
[DEFENDANT/RESPONDENT NAME],
Defendant/Respondent.
WAGE WITHHOLDING ORDER
THIS MATTER having come before the Court, and the Court having jurisdiction over the parties and subject matter herein, and being fully advised in the premises, HEREBY ORDERS:
I. PARTIES AND JURISDICTION
A. Creditor Information:
- Judgment Creditor: [CREDITOR FULL LEGAL NAME]
- Address: [CREDITOR ADDRESS]
- Phone: [CREDITOR PHONE]
- Email: [CREDITOR EMAIL]
B. Creditor's Attorney:
- Attorney Name: [ATTORNEY NAME]
- Law Firm: [LAW FIRM NAME]
- Address: [ATTORNEY ADDRESS]
- Phone: [ATTORNEY PHONE]
- Email: [ATTORNEY EMAIL]
- Bar Number: [ATTORNEY BAR NUMBER]
C. Debtor Information:
- Judgment Debtor: [DEBTOR FULL LEGAL NAME]
- Last Known Address: [DEBTOR ADDRESS]
- Social Security Number: XXX-XX-[LAST FOUR DIGITS OF SSN]
D. Employer Information:
- Employer Name: [EMPLOYER NAME]
- Address: [EMPLOYER ADDRESS]
- Phone: [EMPLOYER PHONE]
- Email: [EMPLOYER EMAIL]
- Employer Identification Number (if known): [EMPLOYER EIN]
II. JUDGMENT AND DEBT INFORMATION
A. Judgment Details:
- Date of Original Judgment: [JUDGMENT DATE]
- Original Judgment Amount: $[ORIGINAL JUDGMENT AMOUNT]
- Post-Judgment Interest Rate: [INTEREST RATE]% per annum
- Court Where Judgment Was Entered: [COURT NAME]
B. Current Amount Due:
- Original Judgment Amount: $[ORIGINAL JUDGMENT AMOUNT]
- Accrued Interest to Date: $[ACCRUED INTEREST AMOUNT] (calculated from [JUDGMENT DATE] to [CURRENT DATE])
- Post-Judgment Costs and Fees: $[POST-JUDGMENT COSTS]
- Payments Received: $[PAYMENTS RECEIVED]
- Current Total Amount Due: $[CURRENT TOTAL DUE]
III. WITHHOLDING INSTRUCTIONS
A. Withholding Amount:
The employer shall withhold the following amount from the judgment debtor's earnings for each pay period, beginning with the first pay period that occurs no fewer than [NUMBER] days after the receipt of this Order:
-
For support orders (child support or spousal support): [PERCENTAGE]% of the judgment debtor's disposable earnings or $[AMOUNT] per [PAY PERIOD], whichever is less.
-
For non-support judgments: The lesser of:
a. [PERCENTAGE]% of the judgment debtor's disposable earnings per pay period; or
b. The amount by which the judgment debtor's disposable earnings exceed thirty (30) times the federal minimum hourly wage in effect at the time the earnings are payable.
"Disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld, including but not limited to federal and state income taxes and social security taxes.
B. Withholding Frequency:
Withholding shall occur each pay period, whether weekly, bi-weekly, semi-monthly, or monthly, beginning with the first pay period following receipt of this Order, and shall continue until further order of this Court or until the judgment is satisfied in full as set forth in Section III(D) below.
C. Payment Instructions:
-
The employer shall remit all withheld funds within [NUMBER] business days of each pay date to:
[PAYEE NAME]
[PAYEE ADDRESS]
[CITY, STATE ZIP]
-
Payment Methods:
- Check or Money Order: Made payable to "[PAYEE NAME]" with case number [CASE NUMBER] noted in the memo line.
- Electronic Payment: [ELECTRONIC PAYMENT INSTRUCTIONS, IF APPLICABLE]
- Direct Deposit: [DIRECT DEPOSIT INSTRUCTIONS, IF APPLICABLE]
-
The employer shall include with each payment:
a. The judgment debtor's full name;
b. The case number [CASE NUMBER];
c. The pay period from which the funds were withheld; and
d. The judgment debtor's gross and net earnings for the pay period.
D. Duration of Withholding:
This Wage Withholding Order shall remain in effect until:
- The judgment is satisfied in full, including the original judgment amount, all accrued interest, and any additional court-approved costs;
- The employer receives a written satisfaction of judgment from the judgment creditor or the judgment creditor's attorney;
- The employer receives an order from this Court terminating the withholding; or
- The judgment debtor's employment with the employer is terminated, in which case the employer shall notify the Court and the judgment creditor within [NUMBER] business days of such termination.
IV. LEGAL COMPLIANCE
A. Statutory Authority:
This Wage Withholding Order is issued pursuant to [STATE STATUTE CITATION] and Title III of the Consumer Credit Protection Act, 15 U.S.C. § 1671 et seq.
B. Employer Obligations:
-
The employer shall implement this Wage Withholding Order no later than the first pay period that begins after [NUMBER] days following receipt of this Order.
-
The employer is prohibited from charging the judgment debtor any fee for the administration of this Wage Withholding Order.
-
The employer's failure to withhold or remit funds as directed by this Order may result in the employer being held liable for the amounts that should have been withheld, plus additional penalties as provided by [STATE STATUTE CITATION].
-
The employer may be subject to contempt proceedings for failure to comply with this Order.
-
The employer shall notify the Court and the judgment creditor within [NUMBER] business days if the judgment debtor's employment is terminated.
-
If the judgment debtor resumes employment with the employer within [NUMBER] days after termination, this Wage Withholding Order shall automatically resume without further action by the Court or the judgment creditor.
C. Priority Statement:
-
This Wage Withholding Order shall be satisfied after all of the following, if applicable:
a. Any withholding order for child support or spousal support;
b. Any withholding order for federal tax levies that were served before this Order;
c. Any bankruptcy court order under Chapter 13 of the United States Bankruptcy Code.
-
If there are multiple wage withholding orders against the same judgment debtor, they shall be satisfied in the order in which they were served on the employer, subject to the priority rules stated above.
-
If the total amount of withholding required by all wage withholding orders exceeds the maximum amount permitted to be withheld under applicable law, the employer shall withhold the maximum amount permitted and allocate the withheld wages according to the priorities established by law.
D. Anti-Discrimination Notice:
The employer is prohibited from discharging, refusing to employ, or taking any disciplinary action against the judgment debtor because of the issuance of this Wage Withholding Order. Violation of this provision may subject the employer to civil penalties, including but not limited to damages payable to the judgment debtor, as provided by [STATE STATUTE CITATION].
E. Consumer Credit Protection Act Limits:
Notwithstanding any other provision of this Order, the maximum amount that may be withheld from the judgment debtor's disposable earnings is limited by the Consumer Credit Protection Act, 15 U.S.C. § 1673, as follows:
-
For ordinary judgments: 25% of the judgment debtor's disposable earnings for the pay period, or the amount by which the judgment debtor's disposable earnings exceed thirty (30) times the federal minimum hourly wage, whichever is less.
-
For child support or spousal support: Up to 50% of the judgment debtor's disposable earnings if the judgment debtor is supporting another spouse or child, or up to 60% if the judgment debtor is not supporting another spouse or child. These percentages increase by 5% if the judgment debtor is more than twelve (12) weeks in arrears.
V. PROCEDURAL ELEMENTS
A. Service Requirements:
-
The judgment creditor shall serve this Wage Withholding Order on the employer by:
a. Certified mail, return receipt requested;
b. Personal service by a process server; or
c. Any other method authorized by [STATE] law for service of process.
-
The judgment creditor shall also serve a copy of this Wage Withholding Order on the judgment debtor by:
a. First-class mail to the judgment debtor's last known address;
b. Personal service; or
c. Any other method authorized by [STATE] law for service of process.
-
The judgment creditor shall file proof of service on both the employer and the judgment debtor with the Court within [NUMBER] days of service.
B. Objection Rights:
-
The judgment debtor has the right to object to this Wage Withholding Order by filing a written objection with the Court within [NUMBER] days after receiving notice of this Order.
-
The objection must:
a. Be in writing;
b. Specify the grounds for the objection;
c. Be filed with the Court at [COURT ADDRESS]; and
d. Be served on the judgment creditor or the judgment creditor's attorney.
-
Valid grounds for objection include, but are not limited to:
a. The judgment has been paid in full;
b. The amount to be withheld exceeds the limits imposed by applicable law;
c. The underlying judgment has been vacated, modified, or appealed with a supersedeas bond; or
d. Mistaken identity of the judgment debtor.
-
Upon receipt of a timely objection, the Court shall schedule a hearing within [NUMBER] days and provide notice to all parties.
-
The filing of an objection does not automatically stay this Wage Withholding Order unless specifically ordered by the Court.
C. Modification Provisions:
-
Either party may request modification of this Wage Withholding Order by filing a motion with the Court showing a substantial change in circumstances, including but not limited to:
a. A significant change in the judgment debtor's income;
b. A change in the judgment debtor's employment status;
c. The existence of undue hardship;
d. Partial satisfaction of the judgment; or
e. Errors in the calculation of the amount due.
-
The motion for modification must:
a. Be in writing;
b. State the specific grounds for modification;
c. Be filed with the Court at [COURT ADDRESS]; and
d. Be served on all parties.
-
The Court may, in its discretion, schedule a hearing on the motion for modification or rule on the motion without a hearing.
-
This Wage Withholding Order remains in full force and effect until modified or terminated by subsequent order of this Court.
VI. SPECIAL CONSIDERATIONS
A. Multiple Employers:
-
If the judgment debtor has more than one employer, the judgment creditor may serve separate wage withholding orders on each employer.
-
The total amount withheld from all employers combined shall not exceed the maximum amount permitted under applicable law as set forth in Section IV(E) of this Order.
-
Each employer shall withhold the amount specified in this Order, subject to the maximum limits, regardless of withholding by other employers.
-
The judgment debtor has an affirmative duty to disclose all sources of income to the judgment creditor and the Court.
B. Self-Employment Provisions:
-
If the judgment debtor becomes self-employed after the issuance of this Order, the judgment debtor shall:
a. Notify the judgment creditor and the Court within [NUMBER] days of becoming self-employed;
b. Provide information regarding the nature of the self-employment and anticipated income; and
c. Make arrangements for regular payments toward the judgment.
-
The Court may, upon motion by the judgment creditor, order alternative methods of satisfying the judgment if the judgment debtor is self-employed, including but not limited to:
a. Periodic direct payments by the judgment debtor;
b. Establishment of a payment schedule;
c. Deposit of funds into a trust account; or
d. Placement of liens on the judgment debtor's property.
C. Child/Spousal Support Priority:
-
If this Wage Withholding Order is for child support or spousal support, it takes priority over any other wage withholding order except for another support order that was served earlier.
-
If this Wage Withholding Order is not for support, but there is a support order in effect, the employer must first satisfy the support order before withholding any amounts pursuant to this Order.
-
The judgment creditor shall immediately notify the Court and the employer if they become aware of any support order that may affect the priority of this Order.
D. Tax Implications:
-
The judgment debtor is advised that the amounts withheld pursuant to this Order may not be deductible for income tax purposes.
-
The judgment creditor is advised that amounts received pursuant to this Order may constitute taxable income, depending on the nature of the underlying judgment.
-
Neither the Court nor the employer makes any representations regarding the tax consequences of this Wage Withholding Order, and both the judgment debtor and judgment creditor are advised to consult with a tax professional regarding any tax implications.
VII. ADDITIONAL PROVISIONS
A. Reporting Requirements:
-
The employer shall provide the judgment debtor with a statement each pay period showing:
a. The total amount of earnings;
b. The amount withheld pursuant to this Order; and
c. The cumulative total withheld to date.
-
The judgment creditor shall provide the judgment debtor with a statement every [NUMBER] months showing:
a. The amount received pursuant to this Order;
b. How the received amounts have been applied to the judgment; and
c. The remaining balance due on the judgment.
B. Satisfaction of Judgment:
-
Upon full satisfaction of the judgment, the judgment creditor shall:
a. File a Satisfaction of Judgment with the Court within [NUMBER] business days;
b. Serve a copy of the Satisfaction of Judgment on the employer and the judgment debtor; and
c. Provide written notice to the employer to terminate the wage withholding.
-
If the judgment creditor fails to comply with these requirements after receiving full payment, the judgment debtor may petition the Court for appropriate relief, including but not limited to statutory penalties for failure to file a satisfaction of judgment.
C. Change of Employment:
-
If the judgment debtor changes employment while this Order is in effect, the judgment creditor may serve a copy of this Order on the new employer.
-
The judgment debtor shall notify the judgment creditor of any change in employment within [NUMBER] days, including the name, address, and telephone number of the new employer.
D. Enforcement:
-
If the employer fails to withhold or remit funds as required by this Order, the judgment creditor may file a motion for contempt against the employer.
-
If the employer is found to be in contempt, the Court may order the employer to pay the amount that should have been withheld, plus interest, costs, and attorney's fees.
-
The judgment creditor may also pursue any other remedies available under [STATE] law for enforcement of this Order.
VIII. CERTIFICATION AND SIGNATURES
The undersigned certifies that this Wage Withholding Order complies with all applicable laws and regulations, including but not limited to the Consumer Credit Protection Act and [STATE] law.
ORDERED this _____ day of ________________, [YEAR].
JUDGE
PREPARED BY:
[ATTORNEY NAME], [BAR NUMBER]
Attorney for Judgment Creditor
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]
NOTICE TO JUDGMENT DEBTOR
You are hereby notified that your earnings are being withheld pursuant to this Wage Withholding Order. You have the right to object to this withholding by filing a written objection with the Court within [NUMBER] days after receiving notice of this Order. If you believe that the withholding exceeds the amount permitted by law, that the judgment has been satisfied, or that there is any other valid reason why the withholding should not take place, you should file an objection immediately. Failure to file a timely objection may result in the continued withholding of your earnings.
NOTICE TO EMPLOYER
You are required by law to withhold the designated amount from the judgment debtor's earnings beginning with the first pay period that occurs after your receipt of this Order. Failure to comply with this Order may result in a judgment being entered against you for the amount you failed to withhold, plus additional penalties as provided by law. You may not discharge, refuse to employ, or take disciplinary action against the judgment debtor because of this Wage Withholding Order. If you have any questions about implementing this Order, you should consult with an attorney.