Garnishment Law Summaries

Delaware's garnishment law is found in the Delaware Code Annotated, Title 6, Ch. 43; and Title 10, Chs. 35 and 49.

DEFINITIONS

"Wages" includes salaries, commissions, and every other form of remuneration paid to an employee for labor or services, but does not include payment for services rendered by a person who is master of his own time and effort (Title 10, Sec. 4913). Supplemental unemployment benefits (payments made by an employer to an employee during periods of layoff). are considered remuneration paid as a result of the employment relationship and can be attached (I.M.B. v. A.C.B., Del. Family Ct., 407 A.2d 544 (1978)).

COVERAGE

All Delaware employees are subject to the state wages attachment laws, including employees of the state or of any county, district, or municipality (Title 10, Sec. 3503).

PROCEDURES

Amounts exempt from or subject to garnishment. --85% of wages of any person residing in the state will be exempt from attachment; however, this limitation will not apply to process for the collection of a fine or costs or taxes due and owing to the state (Title 10, Sec. 4913). Retirement plans, including Roth IRAs, are exempt from garnishment (Title 10, Sec. 4915).

Contract or installment accounts --Salary or wages are exempt from attachment for 60 days from the date of default on a contract or installment account (Title 6, Sec. 4345).

WHAT THE EMPLOYER MUST DO

An employer served with a garnishment order must withhold as instructed in the order.

Any officer of the state or any division thereof whose duty is to pay employees compensation for services rendered by the employees may be summoned to appear and answer as other employers may be required to do so (Title 10, Sec. 3503).

Priorities in cases of multiple garnishment. --Only one attachment may be made on any amount of wages due. The creditor causing the attachment will have priority until the judgment is paid in full (Title 10, Sec. 4913).

Discrimination prohibited. --An employer may not dismiss an employee because the employer was summoned as a garnishee (Title 10, Sec. 3509).

WHO TO CONTACT

Employers with questions about a garnishment order should contact the issuer of the order.

PENALTIES

Retail Installment Sales. --Violation of the law is a misdemeanor (Title 6, Sec. 4347).

This is a summary of Garnishment Laws in Delaware.