served writ of exacution now trying to garnish wages can the employer deny garnish or be a problem for sheriff

Question

there is rumor that employee is trying to hide or claiming to be independent contractor and filed 1099 i just want my money i can't just cut my losses it got to personell what are the steps the employer has to take after they have been served with the garnishment order?

Answer 1

The following is general information and is not intended as specific advice for your situation. Each state (in the United States) has different procedures for garnishments, and so you would need to either provide me with more information, or consult an attorney licensed in your state.

It appears from your statement that you are the plaintiff and are trying to obtain money from someone you sued, and won.

In *most* states, if you serve a garnishment on an employer, the employer has, by law, a set number of days in which to answer the garnishment. This means they must file a document with the court telling the court if the person is their employee, and if so, how much they are paid and how often. THEN, they are required to withhold a portion of their wages. The amount of wages to withhold varies from state to state.

There are also non-earnings garnishments. These include bank accounts and other intangible assets, which means property held by a third party.

If you need additional information, please let me know what state you're in, and/or please contact an attorney licensed in your state. For a referral, contact your local or state bar association.

Answer 2

It is difficult to answer your question, not knowing which durisdiction you are from.
I used to work as a receptionist at the Sheriffs Office in NSW.
East territory has laws unique to each area. In NSW it was cheaper to get the Sheriff, the courts to do it than debt collection companies.
Depending on the amount of the claim, means, Supreme Court proceedings, here District Court Civil or Civil Claims Court. Each take different times, the time taken varies, how long is a piece of string? Basically, I heard of a bloke who had the District Court Civil pulling his hair out, some lawyer said $49,000 legal costs for 11 days in court, said it was over heads??? Probably Kings Cross for a week?
Anyway there are exceptions to garnishing wages, like pensioners, military of any sort and the judicial and political employees. Independant contractor? Better hope he aint bankrupt before then mate? Can't garnish a bankrupts income? Might be wrong, don't know, could be a declared, or self imposed, they vary. Basically the court will enforce refusal to impose a court order and can get messy. Idependant contractor on hourly rate with time, or commission, don't like your chances, good luck, email me let me know if you were successful and what happened, I care?

Answer 3

They have to take the steps the government tells them to! All wages are not garnishable but for certain things, and then there is usually a limit, if the government is doing it if you are on a fixed income!

Though not required, many personnel depts will tell you before it happens so you can call and try yo make some arrangements! Those are usually not court ordered ones!

The IRS loves to wait until you get paid and then raid your bank account.

Usually you have been forewarned! Things like Social Security the max is 15% unless your Social Security dips beyonfd a certain amout of money. What ever it is, it isn't enough to live on!

They do not care if they put you on the street! Yet they can't seem to steal enough of our money to pay their own debts!