Can ER stop paying garnishment?
pmaher
22 Posts
An employee said her attorney advised her that the only way she can have a garnishment (bankruptcy) refiled or dismissed is for the employer to stop taking the garnishment out of her pay. She works in Illinois.
My thinking is that employers are obligated by court order to follow the garnishment orders and cannot stop taking the deduction. The legal advice seemed week to me but then, I'm not an attorney.
Am I on the right track? Thanks!
My thinking is that employers are obligated by court order to follow the garnishment orders and cannot stop taking the deduction. The legal advice seemed week to me but then, I'm not an attorney.
Am I on the right track? Thanks!
Comments
When an employer receives a garnishment notice, the employee should have received a copy of it as well. With the employee's paperwork is a form that they CAN complete that allows them to answer to the garnishment. The answer they submit basically states that they should not have their wages garnished for a variety of reasons, one of them being that to do so will have them fall below the poverty line. If the employee completes this and presents it to you, the employer, you CANNOT garnish their wages and must forward a copy of this answer to the creditor. It is then up to the creditor to have another hearing wherein a judge will decide whether the employee does, in fact, fall within the poverty guidelines. If the judge decides they do, the creditor is out of luck at that point and will have to start the process all over. If the judge decides the employee is not below that line, the garnishment will proceed. This process usually takes several months and you, as the employer, should be prepared to be at that hearing with wage information (I have had to do this on several occasions).
This process is ONLY when a garnishment is the result of a creditor taking a debtor to court. It does not apply to unpaid taxes or child support.
Hope this helps!