If my employer is illegally garnishing my wages, what can I do?

UPDATED: Oct 1, 2022

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If my employer is illegally garnishing my wages, what can I do?

My employer has illegally garnished my paycheck 4 times in my 1 year employment. She also illegally garnished my co-worker’s checks. I have

enlightened my employer that her actions ar illegal. Every time I bring up a problem, she retaliates by making up something to garnish from my check? What are my options to stop this?

Asked on September 1, 2018 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The most straightforward way to proceed is to sue her for the money she illegally took from your wages. If the amount is less than the small claims limit in your state, sue in small claims for the quickest, most cost-effective resolution. The matter could be settled or resolved with an agreement or court order not just to repay you but that she does not do this again in the future. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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