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Jane T (LLC)
Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8435
Experience:  Worked with employment legal group in major national corp.
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Can we charge an employee a fee for processing their weekly ...

Resolved Question:

Can we charge an employee a fee for processing their weekly garnishment? We are located in Colorado
Submitted: 8 years ago.
Category: Employment Law
Expert:  Jane T (LLC) replied 8 years ago.


What is the garnishment for (creditor, child support, etc.)?

Customer: replied 8 years ago.
Creditor for one employee, child support for another.
Expert:  Jane T (LLC) replied 8 years ago.


For child support the state of CO, as stated here (see answer to question 6), permits a processing fee of up to $5 per month.

As for other garnishments, I could not find clear information other than this document from ADP (a national payroll processing company) which indicates that CO law does not have a clear direction on whether employers can charge any fees to process garnishments other than child support. Normally, when there is no direct legal provision or okay for an employer to do something or to not be able to do something, then while it means that there are no laws against it, there are also no laws that allow it, which means there may be no clear answer for an employer unless he or she specifically hires an attorney in their state to review the state court's view on the subject through cases and other materials, helps determine the likelihood that such action may lead to legal problems, determines if there is any amount that would be "safe" to charge, and then gives them a recommendation of whether or not they are able to charge a fee for garnishments (other than child support) at all.

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