Consent To Garnishment
As a participant, you understand that it is a privilege to take part in the Business Services Textbook Loan Program. Your successful participation in the program will contribute to its continued growth, as well as to the ability of other university employees having the option to enhance their job skills or to pursue educational goals.
As a participant, you agree to comply with the conditions of the Business Services Textbook Loan Program and to accept full responsibility for the textbooks loaned to you under the program. Participants agree that the textbooks will be returned in satisfactory condition and agree to return the textbooks within three business days following the last day of exams or immediately upon withdrawal from the course or separation from the University.
If the textbooks are not returned by the deadline or are not returned in a satisfactory condition, you, as a participant, agree to pay the full replacement costs for those textbooks. If you fail to pay for or to replace the textbooks by the established deadline, you understand that you will no longer be eligible to participate in the Textbook Loan Program and agree that your wages may be garnished for the replacement costs.
As a participant, you understand that you may refuse to authorize garnishment of your wages and that, if you fail to meet your responsibilities to return the books or to pay the replacement costs for the university may pursue reimbursement under Chapter 143, Article 60 or other applicable provisions of the General Statutes of North Carolina. Participants understand that Chapter 143, Article 60 in Section 143-553(a) provides that if you owe money to the university because of your failure to return or reimburse the university for the books, you can be terminated from your university employment.
As a participant, you acknowledge that a copy of Chapter 143, Article 60 is printed on the Textbook Loan Program form for your reference and review. You further acknowledge that you have read this entire Consent to Garnishment and the North Carolina statutes that are included herewith. You fully understand the Consent to Garnishment and the consequences to you, if you fail to return the loaned textbooks by the deadline or in a satisfactory condition, and you agree to be legally bound by it
Summary of Chapter 143, Article 60 of the General Statutes of North Carolina
Chapter 143, Article 60, in Section 143-553(a) of the General Statutes of North Carolina, provides that if you are employed by a State Agency and you owe money to the State, you must make full restitution of the amount you owe as a condition of your continued employment. East Carolina University is a state institution of higher education and a state agency. That means that if you owe money to the University and you fail to pay the money you owe, the University may take action to terminate your employment.
However, you may not be terminated if there is a genuine dispute about whether you owe money to the State or how much money you owe to the State. Also, you may not be terminated if there is an unresolved issue concerning insurance coverage, or if you are pursuing administrative or judicial remedies to have the dispute or the issue resolved. Although you will not be terminated as long as you continue to make repayments to the State in good faith on a schedule agreed to by the University, the University may terminate you if you stop making payments.
Section 143-554 provides you with the opportunity to appeal your termination to the State Personnel Commission according to the normal appeal and hearing procedures provided by Chapter 126 and the State Personnel Commission. You may wish to consult with the Employee Relations Officer at 328-0017 to fully understand your appeal rights and the deadlines that may apply for filing an appeal.