Similar questions: Legal Employer Block Wage Garnishment Behalf Employee Request.
Ok... If it is a legal wage garnishment, as in one that has been either imposed by the courts or an adminstrative agency of the federal/state/local government, then an employer may *not* block the garnishment - it carries the legal force of a court order, and must be obeyed, or legal ramifications will result. An employees wishes about the garnisment have no bearing on the garnishment. Now, then, a collection agency can not even request a garnishment (student loans, taxes and child support being exceptions) unless they have a court order allowing them to do so.
They can not just request your employer to garnish your wages - or the employer is responsible for making the moeny up to the employee. Schelli's Recommendations Complete Guide To Federal & State Garnishment 2009 (Complete Guide to Federal and State Garnishment) Amazon List Price: $269.00 Used from: $229.00 Before you say 'hands off', a word about garnishment. (Pro Bono).(legal questions from readers): An article from: Wind Speaker Amazon List Price: $5.95 Complete Guide to Garnishment: State and Federal Laws, Forms and Practical Guidance .
Garnishment Garnishment is a legal process served on the employer, not the employee. Actually the employee has no recourse unless the alleged uncollected debt has been paid at which time the employee gives proof of this to the collection agency. Also, garnishment has a pecking order, and federal garnishments, e.g. , for back taxes, will go the head of the line.
Hope this helps. The one way to end a garnishment is to negotiate a payment plan with the collection agency (or, preferably the organization that sent the bill to collection...the collection agency takes a fee and makes the fee higher) and it will not then come directly out of wages. Hope this helps.
Everyone obeys the law. Even the President must obey the law. If the duly-appointed judge receives the evidence of indebtedness and non-payment combined, the judge is authorized (by law) to appoint other means to force the debtor to pay.
One of those methods (very commonly) is wage garnishment. The proper court procedures & paperwork are completed and shown to the personnel dept. And the wage garnishment proceeds.
Your question, therefore, is whether the employer may obey you instead of the judge. Think about it: you are merely an employee, and a dispensable one at that; the judge can throw him in prison for contempt of court (refusal to obey the judge's orders. ) You can ask, but he'll refuse.
If you push it, he'll likely fire you; then he won't have to garnish anyone's wages.
1 No. Garnishments are either court ordered or from the IRS for unpaid taxes. Your employer cannot "block attempts" at garnishment.
They aren't attempts - they are court orders. Your boss could go to jail for not complying.
No. Garnishments are either court ordered or from the IRS for unpaid taxes. Your employer cannot "block attempts" at garnishment.
They aren't attempts - they are court orders. Your boss could go to jail for not complying.
2 If the court actually ordered it, no. If the "collection agency" just went to the employee's boss directly and said "this guy owes us money. We'll sue you if you don't give us his money.", then absolutely.
The collection agency itself has no legal standing to the employee's wages. Only the court can authorize that.
If the court actually ordered it, no. If the "collection agency" just went to the employee's boss directly and said "this guy owes us money. We'll sue you if you don't give us his money.", then absolutely.
The collection agency itself has no legal standing to the employee's wages. Only the court can authorize that.
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The employee wants to show less income to qualify.
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How can I have my employer stop wage garnishment.
I was just released from my job in Georgia and my employer knocked my final paychec down to minimum wage. Is this legal?
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