federal and state law on wage garnishment

[srmed310]

What is the name of your state?
Washington

as a merchant mariner i am protected from wage garnishment under title 46 section 11109 of the United States Code. My house is in the process of foreclosure and the mortgage company says they are going to attach my wages for the deficient amount, State law will allow them to do it. I am wondering if the federal law will supercede the state law or can a state court order my wages to be garnished?

 

[JETX]

Per 46 USC 11109:
"(a) Wages due or accruing to a master or seaman are not subject to attachment or arrestment from any court, except for an order of a court about the payment by a master or seaman of any part of the master's or seaman's wages for the support and maintenance of the spouse or minor children of the master or seaman, or both. A payment of wages to a master or seaman is valid, notwithstanding any prior sale or assignment of wages or any attachment, encumbrance, or arrestment of the wages."
*** Since this clearly says "from ANY court" AND if you qualify for that exemption, it would include attachment from a state court.

 

[srmed310]

thank you jetx, for the fast reply, i figured that it was like that but the mortgage company kept hammering at me. thanks

 

[srmed310]

also i'm wondering if you could think of any reason why i wouldn't qualify for the exception. thank you

 

[JETX]

also i'm wondering if you could think of any reason why i wouldn't qualify for the exception. thank you

*** The reason I added that was due to subsection (c) of 46 USC 11109:
"(c) This section applies to an individual employed on a fishing vessel or any fish processing vessel"

Since I am not familiar with this particular Code, I don't know if this exemption ONLY applies to them, or if the subsection was added to INCLUDE them in the general exemption.

BTW, this Code can be found at:
http://www4.law.cornell.edu/uscode/46/stIIpGch111.html

 

[srmed310]

aha thank you again, as i have also been a commercial fisherman i am pretty certain that it is an inclusion and not an exception only for the fishing industry. title 46 is the shipping laws and technically fishermen arent shipping anything. Maybe i better hit the 46 cfr just to be sure though. again, thanks jetx

 

[happylu]

Yes, it should

What is the name of your state?
Washington

as a merchant mariner i am protected from wage garnishment under title 46 section 11109 of the United States Code. My house is in the process of foreclosure and the mortgage company says they are going to attach my wages for the deficient amount, State law will allow them to do it. I am wondering if the federal law will supercede the state law or can a state court order my wages to be garnished?

My husband is going through a similar situation. The code you cited above should protect you, if your company has been at it for a while they will know to send a letter stating that they cannot attach wages for that reason. If you work for a smaller company I would print off the US Code and give it to your payroll person so they are aware, just in case. Good luck!

 

[Silverplum]

My husband is going through a similar situation. The code you cited above should protect you, if your company has been at it for a while they will know to send a letter stating that they cannot attach wages for that reason. If you work for a smaller company I would print off the US Code and give it to your payroll person so they are aware, just in case. Good luck!

Yeah, well, this thread is from 2003. Long time ago.

Please do not post to old threads. Thanks.