§ 706.152.Employer's Failure to Pay Earnings Over to Levying Office With Intent to Defraud
Title 9. Enforcement of Judgments · Division 2 · Chapter 5. Wage Garnishment · Article 7. Administration and Enforcement · Enacted 1982 · no amendments on record · Last verified July 28, 2026
Full Text of § 706.152
Plain-English Summary
Withholding money from a paycheck under a garnishment order is only half the job; the employer also has to pay it over. This section makes deliberately failing at that second step a crime: if an employer withholds earnings under this chapter and, intending to defraud either the creditor or the debtor, keeps the money instead of forwarding it, the employer is guilty of a misdemeanor.
Intent to defraud is the key element. An employer who withholds correctly but misses the payment deadline through error or oversight hasn't committed the crime this section defines; that's a compliance failure addressed elsewhere, including through the civil remedy in § 706.154. This section targets the employer who takes the money and means to keep it from whoever it belongs to.
Frequently Asked Questions
Is it a crime for an employer to keep garnished wages instead of turning them over?
Yes, if the employer withholds the earnings and then fails to pay them over to the levying officer with intent to defraud the creditor or the debtor, that's a misdemeanor under § 706.152.
Does an honest mistake in sending garnished wages count as this crime?
No. Section 706.152 requires intent to defraud; an employer who errs or delays without that intent isn't guilty under this section, though civil remedies may still apply.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.