8127 - Personal earnings exempt from process.

     § 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).