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Personal earnings exempt from process - 42 Pa. Cons. Stat. § 8127

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     § 8127.  Personal earnings exempt from process.
        (a)  General rule and exceptions.--The wages, salaries and
     commissions of individuals shall while in the hands of the
     employer be exempt from any attachment, execution or other
     process except upon an action or proceeding:
            (1)  Under 23 Pa.C.S. Pt. IV (relating to divorce).
            (2)  For support.
            (3)  For board for four weeks or less.
            (3.1)  For amounts awarded to a judgment creditor-
        landlord arising out of a residential lease upon which the
        court has rendered judgment which is final. However, the
        amount subject to attachment shall have deducted from it any
        security deposit held by the judgment creditor-landlord and
        forfeited by the judgment debtor-tenant under section 511.1
        of the act of April 6, 1951 (P.L.69, No.20), known as The
        Landlord and Tenant Act of 1951, unless the security deposit
        has been applied to payment of rent due on the same premises
        for which the judgment for attachment has been entered. The
        judgment creditor-landlord shall have the burden of proving
        that such security deposit has been applied to payment of
        rent due on the premises herein described. The sum attached
        shall be no more than 10% of the net wages per pay period of
        the judgment debtor-tenant or a sum not to place the debtor's
        net income below the poverty income guidelines as provided
        annually by the Federal Office of Management and Budget,
        whichever is less. For the purposes of this paragraph, "net
        wages" shall mean all wages paid less only the following
        items:
                (i)  Federal, State and local income taxes.
                (ii)  F.I.C.A. payments and nonvoluntary retirement
            payments.
                (iii)  Union dues.
                (iv)  Health insurance premiums.
            (3.2)  In the case of wage attachment arising out of a
        residential lease, to implement the wage attachment, the
        judgment creditor-landlord shall comply with the Pennsylvania
        Rules of Civil Procedure and any applicable local rules. The
        judgment of the magisterial district judge, magistrate or any
        other court having jurisdiction over landlord and tenant
        matters or a judgment before the court of common pleas shall
        reflect that portion of the judgment which is for physical
        damages arising out of a residential lease.
            (4)  Under the act of August 7, 1963 (P.L.549, No.290),
        referred to as the Pennsylvania Higher Education Assistance
        Agency Act.
            (5)  For restitution to crime victims, costs, fines or
        bail judgments pursuant to an order entered by a court in a
        criminal proceeding.
        (b)  Priority.--An order of attachment for support shall have
     priority over any other attachment, execution, garnishment or
     wage assignment.
        (c)  Duty of employer.--
            (1)  For any wage attachment arising out of a residential
        lease, the employer shall send the attached wages to the
        prothonotary of the court of common pleas within 15 days from
        the close of the last pay period in each month. The employer
        shall be entitled to deduct from the moneys collected from
        each employee the costs incurred from the extra bookkeeping
        necessary to record such transactions, not exceeding $5 of
        the amount of money so collected. If an employer is served
        with more than one attachment arising out of a residential
        lease against the same judgment debtor, then the attachments
        shall be satisfied in the order in which they were served.
        Each prior attachment shall be satisfied before any effect is
        given to a subsequent attachment, subject to subsection
        (a)(3.2). Upon receipt of the wages, the prothonotary of the
        court of common pleas shall record and send said wages to the
        judgment creditor-landlord.
            (2)  For any wage attachment not arising out of a
        residential lease, the employer shall send the attached
        withheld wages to the prothonotary of the court of common
        pleas to be recorded, and upon receipt, the wages shall be
        sent to the creditor.
        (d)  Duty of judgment creditor-landlord.--
            (1)  Any judgment creditor-landlord who has received
        satisfaction of any judgment pursuant to this section shall
        enter satisfaction in the office of the clerk of the court
        where such judgment is outstanding, which satisfaction shall
        forever discharge the judgment.
            (2)  A judgment creditor-landlord who shall fail or
        refuse for more than 30 days after receiving satisfaction to
        comply with paragraph (1) shall pay to the judgment debtor-
        tenant as liquidated damages 1% of the original amount of the
        judgment for each day of delinquency beyond such 30 days but
        not more than 50% of the original amount of the judgment.
        Such liquidated damages shall be recoverable pursuant to
        general rules, by supplementary proceedings in the matter in
        which the judgment was entered.
        (e)  Prohibition against discharge.--The employer shall not
     take any adverse action against any individual solely because
     his wages, salaries or commissions have been attached.
        (f)  Victim of abuse.--This section shall not apply and no
     wage attachment shall be issued against an abused person or
     victim, as defined in 23 Pa.C.S. § 6102 (relating to
     definitions), for physical damages related to residential leases
     when said person has obtained a civil protection order pursuant
     to 23 Pa.C.S. § 6101 et seq. (relating to protection from
     abuse), or has obtained a protective order pursuant to 18
     Pa.C.S. § 4954 (relating to protective orders), or is a victim-
     witness as defined by 18 Pa.C.S. § 4951 (relating to
     definitions), in a criminal proceeding against a family or
     household member, as defined in 23 Pa.C.S. § 6102, and it is
     determined by the court that the physical damages were caused by
     the family or household member.
        (g)  Application of section.--This section shall apply to all
     judgments which remain unsatisfied or arise on or after the
     effective date of this subsection.
        (h)  Definition.--For purposes of this section, "physical
     damages" shall mean the abuse of the physical makeup of the
     leasehold premises. The term shall include, but not be limited
     to, the abuse of walls, floors, ceilings or any other physical
     makeup of the leasehold premises.
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 20, 1982,
     P.L.1409, No.326, eff. 60 days; Dec. 19, 1990, P.L.1240, No.206,
     eff. 90 days; Feb. 15, 1996, P.L.13, No.5, eff. imd.; June 18,
     1998, P.L.640, No.84, eff. 120 days; Dec. 9, 2002, P.L.1705,
     No.215, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60
     days)

        2004 Amendment.  Act 207 amended subsec. (a)(3.2). See
     sections 28 and 29 of Act 207 in the appendix to this title for
     special provisions relating to applicability and construction of
     law.
        2002 Amendment.  Act 215 amended subsecs. (a)(3.1) and (3.2),
     (c), (f) and (h).
        1998 Amendment.  Act 84 amended subsec. (a).

Last modified: November 27, 2007