Posted by Jamie on 5/15/03

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I have an outstanding student loan, which because of my low
income as a waitress, I am unable to pay. The agency
handling the debt initiated a garnishment against me. With
wages and tips I make less than $8,000 a year, which is
reflected on my last two W-2 forms. My employer, a national
restaurant franchise located in Florida where I work, is
counting my estimated tips as wages, and withholding my
total regular paycheck, which comes to about $30 weekly
after tax and social security deductions. On my income I
need that $30.00. But the restaurant says they can deduct
25% of my income, even though the order limits it to 10%,
and can garnish my tips based on their estimate. Federal
law says only tips from service charges can be counted as
wages for garnishment purposes, and I have less than $20.00
of those per week. Please help. -Jamie

Can an employer garnish tips?, 5/15/03, by Jamie.

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