2 months ago we went to small claims court, and lost, the amount was 500 dollars. The papers from the court do not give a specific time that the amount must be paid by, just that interest would be added if over 1 year. Anyway, we are not a rich family and have been saving to pay this off, but do not have it yet. So my husband goes to work and his employer shows him some papers that were faxed to him. They are from the person we lost to. He has faxed copies of the court case records and a hand written letter that he wants my husbands wages garnished for the amount owed. Now my husbands employer not only knows that we owed money but he knows the whole case history and what it was about. My question is, is this legal? Should'nt the person who won have gone back to court to get a legal wage garnishment or can he just do what he has done and take legal matters into his own hands? Not to mention now letting other people know our private business? Can I do anything about this? Please advise.
2006-07-09 05:35:29 · 9 answers · asked by Devil Dog 6 in Politics & Government ➔ Law & Ethics
how'd he get the dang fax number
2006-07-09 05:40:22 · answer #1 · answered by scivi92 3 · 0⤊ 0⤋
To garnish wages, with a very few exceptions, requires that a Court enter an Order of Garnishment (or in some states, an Order of Attachment). The party who is owed the money must first obtain a judgment against you and your husband. It sounds like they did do this.
Your employer is violating the law if he withholds any portion of your husbands wages WITHOUT being properly served an Order of Garnishment, entered by a court of competent jurisdiction. From what you described, this has not happened.
I would suggest that your husband tell his employer that he should not withhold any wages without consulting his attorney. Next: It would probably behoove you to make payment of this debt promptly. The process of obtaining a garnishment is not complicated, and the clerks of court usually have forms that the judgment creditor can fill out. Depending on the state, the amount that could be withheld legally could be quite a bit... in many states, it is up to 25% of the wages after taxes. I would recommend you make arrangements to pay the judgment as soon as possible.
2006-07-09 07:35:35 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
An order to garnish wages must be issued by the court. What this person is doing is approaching the employer in an attempt to get your husband fired or turn up the temperature on you.
He has probably tryed to get a garnishment order but could not or he would have to pay for it and he does not want to pay more money. The best thing to do is to send the party a letter undertaking to pay the deby off even in small amounts and he will not be able to get a court order. If you want give a copy to your employer to let him know what is going on.
2006-07-09 05:48:57 · answer #3 · answered by Kenneth H 5 · 0⤊ 0⤋
You dont need to have the offender present to garnish wages, the person who won would have a private hearing with the court to gain permission to have the wages garnished.
my father in law has had to do that a couple times for money owed him.
he will however have to redo the whole process if your husband changes employers before the amount is paid in full.
500 dollars is nothing, you should have been sending this guy 10-20 bucks here and there, atleast that would have been something. one lump sum gives the impression that you have no intention of paying, which is why he would have seeked payment by garnishment.
2006-07-09 05:55:55 · answer #4 · answered by amosunknown 7 · 0⤊ 0⤋
As long as there was a court order in the Plaintiff's favour (e.g. he won the case against you), he or she has the right to file a garnishment notice against your husband. There are usually restrictions as to how much of your husband's wages at a single time can be garnished to pay for the order. However, if even this limit produces a hardship, your husband can go to the issuing court to ask for what is known here as a garnishment hearing - a hearing to ask the court to lower the amount the employer pays to the court each paycheque.
2006-07-09 07:33:14 · answer #5 · answered by Angela B 4 · 0⤊ 0⤋
The employer will be breaking the law if he withoholds any wages from your husband, other than with an order from the court.
He would be crazy to do so anyway and get in the middle of your dispute
2006-07-09 05:40:33 · answer #6 · answered by Top 99% 3 · 0⤊ 0⤋
Call the court clerk and ask, and you can make payments to the court
2006-07-09 05:55:28 · answer #7 · answered by Granny 1 7 · 0⤊ 0⤋
Yes you must have a judgement and a court order.
2006-07-09 05:53:26 · answer #8 · answered by Anonymous · 0⤊ 0⤋
take his *** back to court
2006-07-09 05:40:31 · answer #9 · answered by over_duster2005 1 · 0⤊ 0⤋