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Garnishment of Pay

Section 6.S – Garnishment of Pay

The garnishment of pay is a means of collecting monies that are owed to the College or an external organization. This could involve either a voluntary or involuntary reduction of an employee’s monthly pay.

Debt Owed to the College

There are various situations where employees may owe the College money. Examples of when an employee may owe the College are loss or destruction of College equipment and property, overpayment, or theft. Garnishment of pay will generally be the last resort of making collection.

The following process will be used when it is determined that an employee owes the College money:

(approved July 16, 2018)

Procedures

  1. The employee will be notified of the debt in writing. The notification will advise as to the nature of the debt, the amount of the debt and offer repayment options. It is preferred that an agreement between the employee and the College be established on the debt repayment. The employee will also be advised that they can dispute the debt or request a waiver for a portion of or the entire debt. Employees should be provided a reasonable time frame to respond. Disputed debts or requests for waiver will be submitted to the Vice President of Finance and Operation in writing with justification.
  2. If an employee disputes the debt or requests a waiver, the Vice President of Finance and Operations will advise the employee of the decision within thirty (30) days of receipt of the request. Appeal of any decisions by the Vice President of Finance and Operations will be forwarded to the College President for final determination.
  3. If the employee does not respond to the notification of the debt, the employee will be called to verify the receipt of the notification and to ascertain their intentions.
  4. If the employee does not respond within thirty (30) days after being contacted, the employee will be advised in writing of the College’s intention of garnishing their pay. This second notification will advise the employee as to the approximate amount of garnishment, the approximate number of months of garnishment and when the first amount will be garnished.
  5. The amount of garnishment is dependent on the gross income of the employee and the amount owed. No more than 10 percent of the employees’ gross income may be taken on a monthly basis. Greater than 10 percent may be taken if the employee is departing the College or insufficient time remains to recoup the amount owed. Every effort will be made to advise the employee of greater than 10 percent garnishment.
  6. The employee will be provided confirmation when the debt is paid in full. It is preferred that the employee agree to the amount of garnishment and every effort should be made to work with an employee to collect the amount owed. Long periods of repayment extending beyond six (6) months, should be avoided and be handled as an exception for a large amount of deb

Debt Owed to an External Organization

The College also receives demands for garnishment from external organizations. These organizations are typically the NC Department of Revenue, County Tax Authorities, the Internal Revenue Service, court orders for child support, and Federal and State Agencies. The College is required to comply with the demands from these organizations. The notification to the employee, any appeal provisions, the amount to be garnished, the effective date of the garnishment and ending dates are all handled by the external organization. The College has the responsibility to garnish the pay as directed. Employees continuing to dispute the debt are to communicate with the external organization.