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:: Employer Wage Garnishment Instructions ::
If you have questions, contact our AWG Unit in the Recoveries department at 800.777.3394 (toll-free), 405.225.9204, or e-mail AWGInfo@osrhe.edu.
Before the Order of Withholdings from Earnings (“Order”) was sent to you, your employee was sent several notices. As required under Federal law (20 USC 1095a et. seq.), the notice explained the Oklahoma Guaranteed Student Loan Program’s (OGSLP) intent to send the Order to you and gave your employee an opportunity to:
- inspect and copy records regarding the debt;
- have a hearing concerning the existence or the amount of the debt and, except in certain instances, the terms of the repayment schedule; and
- avoid withholding by entering into a voluntary repayment agreement.
In general, you get the Order because either:
- the debtor didn't request such a hearing within the time required under the law; or
- a hearing was held and the Hearing Officer determined that the debtor didn't have sufficient grounds to prevent garnishment. In some cases, the hearing may have resulted in a modification of the garnishment, in which case the Order sets forth a specific amount or percent to be withheld and whatever other conditions or limitations may apply.
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Employer's Steps for Garnishment
1. Check the debtor’s name, address and Social Security number in the Order against your records. Then complete and return the 'Employer Acknowledgment of Wage Withholding' form PDF within 10 days. Your liability for withholding begins when you receive the Order, not when you submit the Acknowledgement.
If, when you receive the Order, you no longer employ the debtor, complete and submit the Acknowledgement and include the debtor’s last known address and the name and address of the debtor’s new employer, if known.
If, after you receive the Order, you no longer employ the debtor, notify our office via letter or phone as soon as possible. Remember that income earned up to the termination date and any other compensation, such as severance pay, is subject to withholding.
2. Calculate and deduct the amount to be withheld for each pay period, beginning with the first pay period that occurs after you received the Order, using the Withholding Worksheet PDF, provided with the Order. If the Order specifies the amount to be withheld, or if a Modification of Order has been issued (see “Multiple Withholdings” below), you don't need to use the worksheet.
3. Submit the amount withheld payable to the Oklahoma College Assistance Program and mail to:
OCAP - AWG Unit
P.O. Box 3010
Oklahoma City, OK 73101-3010
Your check/payment must include:
- Debtor name
- Debtor Social Security number
- Employer name
- Federal Employer Identification Number
- Notation indicating that it's a wage withholding payment
If you're making payments for two or more debtors, you may combine payments as long as the check stub or transmittal sheet properly identifies the amount sent for each employee.
4. Repeat steps 2 and 3 for each pay period until either OCAP provides you a release or your obligation to pay the debtor ends. Although deductions are required at each pay period, employers can send the payments once each month. You don't need to change normal pay and disbursement cycles to comply with the Order.
Dealing with Multiple Garnishments*
* This information reflects our understanding of the general aspects of multiple withholdings and is not intended as legal advice. You may want to consult an attorney with questions regarding your rights and responsibilities.
If the debtor is subject to multiple garnishments, federal law may limit your ability to withhold the full amount per pay period called for under the Order. If so, you must inform OCAP in writing immediately. Send the information to:
OCAP - AWG Unit
P.O. Box 3010
Oklahoma City, OK 73101-3010
Generally, garnishments must be satisfied in the order in which they're issued to the employer, up to the maximum amount specified by the type of garnishment order.
Be sure to check the effective duration of any state law garnishments. Many of them remain in effect only for a limited time; when they lapse, the next-in-line garnishment would take over.
Federal student loan garnishments do not have duration limitations; they do not end until:
- The debt is paid in full (Because of accruing interest or other charges, the debt may not yet be paid in full even once the amount indicated on the Order's “Total Amount Currently Due” has been paid.)
- Your obligation to pay the debtor otherwise has ended;
- A bankruptcy “stay” suspends the garnishment; or
- The debt is discharged or otherwise resolved.
Garnishments for child support take precedence over withholding for student loan debts, regardless of when they begin. If you receive a garnishment order for child support after you've received our AWG Order, call us at 800.777.3394 (toll-free) or fax us at 405.234.4482.
Mandatory Compliance
Federal law (20 USC 1095a(a)(6)) makes you liable for any amount that you should, but don't, withhold following receipt of the Order. OCAP may sue you in state or federal court to recover those sums, together with attorney’s fees, costs and, at the court’s discretion, punitive damages. Under the same law (20 USC 1095a(a)(6)), you may not discharge, refuse to employ or take disciplinary action against an employee just because that individual is subject to AWG. That individual may sue you if you take such action and, if he or she prevails, the court will award attorney’s fees and, at its discretion, may order, among other things, reinstatement, punitive damages and back pay.
Termination of the debtor’s employment after you receive the Order doesn't terminate your liability for amounts you were supposed to have withheld.
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