Yes, a 1099 subcontractor can have wages garnished, with no exemptions. This means that the entire check can be taken up to what is owed by the contractor at that time. However, a garnishment order on a 1099 contract employee is one-time only, as opposed to a continuous order served to a W-2 employee. Normally, a W-2 employee has their wages garnished until their debt is fulfilled. For a 1099 subcontractor, any further garnishment would require a new order being issued. If the subcontractor has several employers, each one can be issued a garnishment order.
Do you have other questions about wage garnishment? Contact us online or call The Law Offices of Jacoby & Jacoby at 631-289-4600 to schedule a FREE consultation to discuss your individual situation.