I am a plaintiff and won a case against a 1099'd individual. Is it possible to attach her wages through a garnishment even though she is commission olny sales (and not very good at that) ? I have hear both sides but need supporting truths.
2007-10-24 09:28:38 · 2 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
1099 means she is her own employer and files this form once per year. Your going to have a difficult time collecting weekly pay. If you're mistaken and she does not file 1099 because she is commissioned (not contractor) then you will only be able to take a certain percentage that exceeds the minimum wage. You may want to consider the statement of assets approach as a possibly better alternative.
P.S. While I may not know what I am talking about, I do know that the chapter on the "Wage Garnishment Law" begins with Code of Civil Procedure section 706.010.
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2007-10-25 10:37:17 · answer #1 · answered by Superman 6 · 0⤊ 0⤋
t might be good to ask a manager at a few retail banks (BofA, Wells Fargo,etc.) and find out what their policies are - if it is possible, they will know how to do it. Ask around because you might get varying opinions, but there are surely enough bank branches everywhere.
2007-10-24 11:19:57 · answer #2 · answered by Barry C 6 · 0⤊ 0⤋