What is Wage Garnishment?
Wage garnishment is the process of seizing a portion of the debtor’s salary sent to the employer by a creditor through enforcement. The creditor applies to the court to collect his receivables, and as a result of the enforcement proceedings issued by the court, a lien notification is sent to the employer.
Employer’s Responsibilities Regarding Wage Garnishment
The employer has the following obligations when receiving a wage garnishment notice:
Responding to the notification to the enforcement office within 7 days: The employer must respond to the enforcement office within 7 days after receiving the notification and inform the employee’s salary and wage information, other liens, if any, and the employee’s family situation.
Making a deduction from the salary: The employer must make a deduction from the employee’s salary at the rates specified in Article 35 of the Labor Law No. 4857 and pay the deducted amount to the creditor or enforcement office.
Notifying the situation in case of dismissal: If the employee quits or is dismissed, the employer must report the situation to the enforcement office within one month.
Keeping documents related to the garnishment: The employer must keep all documents related to the wage garnishment (notice, correspondence, deductions made, etc.) for 5 years.
Things the Employer Should Pay Attention to
Wage garnishment notification can only be sent by the enforcement office.
The employer must check whether the notification is fake or not.
Attention should be paid to the rate to be deducted.
The deducted amount must be paid to the creditor or enforcement office on time.
The employer has legal rights regarding wage garnishment. One of these rights is that the creditor cannot request the dismissal of the worker upon his request.
Getting Legal Help
It would be beneficial to consult a lawyer to get more detailed information about your legal rights and obligations regarding wage garnishment.
