What is student loan garnishment?
Student loan garnishment refers to the legal process in which a portion of an employee’s wages is withheld to repay overdue federal or private student loans. This garnishment typically occurs after a borrower has defaulted on their student loan and the lender or government agency takes action to recover the unpaid debt. The withheld amount is sent directly to the loan servicer until the loan is paid off, or a settlement is reached.
Federal student loans are subject to automatic garnishment without a court order if they are in default. Private lenders may also garnish wages, but they generally require a court order. For employers, it’s crucial to comply with federal and state laws regarding garnishment, and to handle the process fairly and accurately.
Why student loan garnishment matters for employers
Managing student loan garnishments is a critical responsibility for employers. Here’s why it’s important:
- Stay compliant: Employers must ensure they are withholding the correct amounts and remitting them to the appropriate authorities. Failure to comply with a garnishment order can result in penalties, fines, or legal action.
- Protect employee’s rights: While employers must comply with garnishment orders, they also have a responsibility to ensure that the amount garnished from an employee’s wages does not exceed legal limits.
- Avoid payroll errors: Mistakes in the garnishment process can lead to over- or under-withholding, which could result in financial or legal issues for the business and its employees.
- Communicate with employees: Employees may not always be aware of their garnishment status or the amount being withheld, so transparency is important for maintaining trust and avoiding confusion.
How student loan garnishment works
Student loan garnishment works by having a portion of an employee’s wages automatically deducted from their paycheck and sent directly to the loan servicer or creditor. Here’s how the process typically unfolds:
1. Notification
When a federal student loan goes into default, the loan servicer (usually the Department of Education or a private collection agency) will send the employee a notice informing them of the intent to garnish wages. For private loans, a court order is usually required before garnishment can begin.
2. Amount to be garnished
The amount that can be garnished from an employee’s wages is limited by federal law:
- Federal student loan garnishment: For defaulted federal loans, the U.S. Department of Education can garnish up to 15% of the employee’s disposable income, but the garnishment cannot exceed the lesser of 25% of disposable income or the amount by which weekly income exceeds 30 times the federal minimum wage.
- Private student loan garnishment: For private loans, garnishment limits vary by state law and the terms of the court order.
3. Withholding and remittance
Once the garnishment order is in place, the employer withholds the designated amount from the employee’s paycheck each pay period. The employer then sends the garnished wages to the loan servicer, usually through electronic funds transfer, on the employee's behalf.
4. Notifications to employees
Employers are required to notify employees of the garnishment and how much is being withheld. This transparency helps employees understand the deductions and provides them with the opportunity to resolve any discrepancies.
5. Ending garnishment
Garnishment continues until the loan is paid off, settled, or the employee resolves the default status. In some cases, the garnishment may be paused or reduced if the borrower enters into a rehabilitation program, consolidation, or repayment plan.
How to keep loan garnishments compliant
There are several important legal factors to consider when handling student loan garnishments:
- Federal limits on garnishment: Federal law limits the amount that can be garnished for student loans. Employers must ensure they are not withholding more than the allowable amount, or they risk legal consequences.
- Employee protections: The law protects employees from being fired or retaliated against for having wages garnished due to student loan debt. Under the Consumer Credit Protection Act (CCPA), employers cannot discharge an employee solely because their wages are garnished for student loans.
- Garnishment priority: If an employee has multiple wage garnishments, the employer must prioritize them according to federal guidelines. Student loan garnishments often take priority over other types of garnishments, such as credit card or medical debt.
- State-specific garnishment laws: Some states have additional protections or restrictions regarding garnishment amounts and procedures. Employers must stay informed about state-specific laws to ensure compliance.
If keeping your garnishment amounts clear is challenging with manual payroll, using online payroll software can be a solution that helps your business stay compliant.
Common mistakes to avoid when garnishing wages
Handling employee pay can be a sensitive topic. You want to make sure to avoid these common errors whenever wage garnishment is involved:
- Over- or under-withholding Mistakes in calculating the garnishment amount can lead to over- or under-withholding. Employers must ensure that garnishments are based on the employee’s disposable income and that they follow the legal limits for garnishment.
- Failing to prioritize garnishments: If an employee has multiple garnishments, employers must prioritize them according to federal law. Failing to do so can lead to compliance issues.
- Ignoring state-specific rules: State laws regarding wage garnishments can vary significantly. Employers must stay up to date with local regulations to avoid missteps. Some states may impose stricter limits or additional employee protections related to garnishments.
- Not notifying employees of garnishment: Employers are required to notify employees of wage garnishments, providing them with details of the deduction amount and how to address any potential disputes. Failing to notify employees can result in confusion and dissatisfaction.
How Homebase helps with student loan garnishment
Homebase simplifies the management of student loan garnishments by automating wage calculations and ensuring that deductions are in compliance with federal and state laws. With Homebase, employers can track garnishments, ensure accurate withholding, and maintain clear records for both the business and the employee.
With Homebase, you can:
- Automate the calculation of garnishment amounts
- Ensure compliance with federal and state garnishment laws
- Track and report garnishments to maintain transparency and accuracy
- Keep employees informed about garnishment deductions and changes
Sign up for Homebase today to streamline the management of student loan garnishments and ensure that your payroll process remains compliant and error-free.