UNIVERSITY OF VIRGINIA
FINANCIAL AND ADMINISTRATIVE POLICIES MANUAL
TITLE: PAYROLL: DEBT PAYMENTS POLICY: XII.F.2x
General
Payroll, upon receipt of legal documentation, is required by law to
withhold monies from an employee's wages to satisfy certain debts.
Payroll will notify an employee, by letter, of a debt withholding
concerning either a garnishment, tax lien, bankruptcy, or wage
assignment. Employees should also receive prior notification of a
debt collection by the issuing court or authorized agency.
Garnishment
A garnishment summons is issued by a General District Court on
behalf of a creditor to recover a legal debt owed by an employee.
The Payroll Department is legally bound to withhold or garnish an
employee's wages as instructed by the court.
Payroll calculates disposable earnings by subtracting federal,
state, and social security taxes from an employee's expected gross
pay.
The maximum portion of disposable earnings subject to garnishment
is the LESSER OF:
25% of the disposable earnings, or
30 times the federal minimum hourly wage per week. (Currently
this is: biweekly, $255.00; semi-monthly, $276.50; monthly,
$553.00)
Payroll deducts the lesser amount of the two calculations and
continues to garnish wages until either the entire amount is
satisfied, the due date on the garnishment summons is reached, or
the garnishment is released by the court by written notification.
Payroll remits the withheld garnishment amounts to the appropriate
court on behalf of the employee.
Bankruptcies
General
A bankruptcy decree is issued by a United States Bankruptcy Court
on behalf of an employee to prevent further voluntary or
involuntary debt collections.
Chapter 7 Bankruptcy
Generally, a Chapter 7 Bankruptcy decree accompanied by an Order
Staying Levy or Garnishment stays any existing or future
garnishments or liens against an employee's wages for a specific
time period.
Garnishment or tax levy funds withheld by Payroll following the
bankruptcy petition date are remitted to the employee. Debt funds
withheld before the petition date that have not been remitted will
be remitted according to the Bankruptcy Court's instructions.
Chapter 13 Bankruptcy
A Chapter 13 Bankruptcy decree accompanied by an Order Staying
Levy or Garnishment stays any existing or future garnishment or
lien against an employee's wages until release.
Debt funds held by Payroll are remitted to an appointed trustee as
instructed by the Bankruptcy Court. Additionally, Payroll may be
ordered to withhold a specified amount from an employee's paycheck
for a specific number of months and remit the funds to the
trustee.
Tax Liens
General
Tax liens are issued by the Internal Revenue Service (IRS) and
state tax departments to recover delinquent taxes, penalties, and
interest charges.
Federal Tax Levy
Payroll is required, by law, to withhold wages for an IRS tax levy
based on the number of exemptions claimed by an employee.
Payroll will notify an employee of a federal tax levy, IN WRITING,
and include a statement of personal exemptions. Employees have
seven calendar days to complete this form and return it to
Payroll. Payroll will start to withhold at the maximum rate (one
personal exemption) if the form is not received within this time
period.
Payroll will continue to withhold for a federal tax levy until
released by written notification from the IRS or an order staying
levy or garnishment from a bankruptcy court.
Virginia Tax Levy
Payroll is required, by law, to withhold an employee's ENTIRE NET
PAYCHECK for a tax levy issued against them by the Virginia
Department of Taxation. Net paycheck is defined, for this
purpose, as an employee's gross wages minus any EXISTING payroll
deductions and federal, state, and social security taxes.
Payroll will notify an employee, IN WRITING, of a state tax levy
issued against them.
Payroll will continue to withhold an employee's net paycheck
until the debt is satisfied or is released by written notification
from the Virginia Department of Taxation or an order staying levy
or garnishment from a bankruptcy court.
Wage Assignments
A wage assignment is a voluntary withholding of a specific amount
of wages between an employee and a creditor to satisfy a debt
payment.
Wage assignments most frequently are payments to the University of
Virginia Hospital for hospital debts or to the Department of Social
Services for child support payments.
Payroll will withhold a specific dollar amount each pay period to
satisfy the wage assignment agreement and remit the amounts as they
are withheld.
Questions concerning the contracted amount to be withheld should be
FIRST directed to the agency issuing the wage assignment.
ISSUED BY: 03/12/92
Assistant Comptroller for
Accounting Operations 12.6.2.1