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Do you have to go to court to get wages garnished from someone?
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.
9 Answers
- Anonymous1 decade agoFavorite Answer
Go back to the court. Pay them 20 dollars or so, and garnshee his paycheck. and/or Freeze his checking/saving accounts at all banks.
- Anonymous1 decade ago
to garnish money from your pay, they have to have a court order. They are allowed to give out to the public any true facts requarding the court case,
So as long as what they told your boss is true, there is nothing you can do about that.
Now the employer can not take the money withouit your approval without a court order or garnishment, now this person can get it very easy
yes you can pay the perosn the money you owe, you could agree with your company to go ahead and pay a certain amount to this person each paycheck,
Besides that they have not broken the law, merley asked your company to do something they can't do, They will have to go back to court and get the garnishment ( they already have the judgement)
So instead of "saving up" why were you not paying them weekely on it
If he does go back and gets a real garnishment, they will get at least 25 percent of the pay, so can you live without that, I would work out a payment plan fast.
- Bostonian In MOLv 71 decade ago
Since the court case is a matter of public record, you have no recourse for the plaintiff having notified his employer. There are no privacy issues here at all; it is a PUBLIC matter now!
The plaintiff may or may not need to return to court for a garnishment judgement. Check with an attorney or the court clerk on this.
If you are not making payments to the plaintiff (you can often arrange this through the court clerk's office) then they can file again with the court and you could be brought up on contempt of court charges.
Don't "save" to pay this off. Send whatever you can to the plaintiff to prove your intent to settle this matter. If he goes back to court, you could be in a world of hurt. Making payments, however small, will show the court that you are trying to resolve this issue.
- G. M.Lv 61 decade ago
First, once it went to court, it became public.
Garnishments can be handled by several means, some court ordered, some not. Garnishments are to be based on income, and can be a lot of your check.
If no payment schedule was spelled out in the court papers, then he can probably do what he did, and ask your employer.
Why don't you just make a $10.00 payment per week? 50 weeks would be the 500$, and no interest would be added.
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- StuartLv 71 decade ago
The person who won the case can petition the court to garnish your husband's wages.
The fact that his employer got a request to garnish wages is not sufficient to make him do it -he has to have a court order to garnish the wages.
I doubt you can do anything about the person faxing information to your husband's boss, unless you can prove that he had harmful intent. Since he includes a request for garnishment, it appears he's just trying to recover your husband's debt.
My recommendation would be to start making payments to him, showing a good faith effort to satisfy the debt. I'd imagine this guy is getting frustrated, thinking you aren't going to pay him at all.
- Mama PastafarianLv 71 decade ago
The person already has a judgement against you, and is now allowed to get his money. If you aren't paying, he can send the paperwork telling of the judgement to the employer in order to get money garnished.
You should have tried to arrange a payment plan after you lost in court. Too late for that now.
- flamingo_sandyLv 61 decade ago
This is too important to let someone who may not know the law in your area to answer. Lots of attorneys will give you a consultation for free. That's who you should be asking. Who knows ... maybe you can sue for violation of privacy and not have to pay the $500. You really need to ask an attorney.
- Anonymous5 years ago
certain that is and it befell to me 12 years in the past or so. I had to take paycheck stubs to the courtroom and teach it changed into taken out. They in turn had to deliver the corporation an licensed letter to enable them comprehend they could be violation of courtroom order and be sued by using both me and the courtroom. They despatched a examine to the courtroom in 3 days. that is fraud. once you've data on your examine stubs call the courtroom and tell them you may fax them to the courtroom. this can save your butt.