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Garnishment w/o $$
(by karen [IN])
Mar 11, 2004 5:52 AM
RE:
Garnishment w/o $$
(by James [MA])
Mar 11, 2004 6:00 AM
RE:
Garnishment w/o $$
(by mike [mo])
Mar 11, 2004 6:00 AM
RE:
Garnishment w/o $$
(by Dan [MA])
Mar 11, 2004 6:01 AM
RE:
Garnishment w/o $$
(by Landlordan [NY])
Mar 11, 2004 6:18 AM
RE:
Garnishment w/o $$
(by Radar [IN])
Mar 11, 2004 6:22 AM
RE:
Garnishment w/o $$
(by Karen [IN])
Mar 11, 2004 6:56 AM
RE:
Garnishment w/o $$
(by Radar [IN])
Mar 11, 2004 7:30 AM
RE:
Garnishment w/o $$
(by Carolyn [MO])
Mar 11, 2004 7:31 AM
RE:
Garnishment w/o $$
(by Radar [IN])
Mar 11, 2004 7:58 AM
RE:
Garnishment w/o $$
(by Karen [IN])
Mar 11, 2004 8:30 AM
Click Here to send this discussion to a friend| I apologize for the long post...I've looked in the Q&A Library for an answer to this but couldn't find one; maybe one of you can help me. After waiting and watching the wheels of justice turn slowly as they apparently do, in mid-January we were granted a judgement against an ex-tenant to garnish wages. The guy had been at his job for 14 yrs. (it's a somewhat high-paying job for this area). The wife had recently found a low-paying job, but a job none-the-less. The judge signed judgments against both husband and wife at our last court hearing and we were told it would take about a month to start seeing any money. It is now March 11th and we still haven't received that first penny. Am I right to think it's been long enough? Can someone tell me if I should have done something else after the judge signed the garnishment papers? This is the first time in 18 yrs. we've had to evict and we were proud that we followed the whole process as long as we did (been dealing with this since last May!). Meanwhile, it would be nice to get some $$$ that rightfully belongs to us. I suppose we should have hired an attorney from the very start to be sure things had been done correctly. If anyone can help - it will be greatly appreciated! Thanks in advance for any and all comments..... --192.158.61.142 |
| I can't tell from your post if the employer been served with the garnishment order or not. --192.223.226.5 |
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Your local courts should answer the question. I've only done it once and used a 3 month garnishment. Every time you file you will need to pay some amount of money and depending how little they make helps determine if you request garnishment monthly or at some other interval --130.76.96.17 |
| In my area, the judge signs the garnishment order and then someone (usually we have an attorney or a constable) has to deliver it to the employer. If checks didn't start arriving soon after that, I would go back to whom ever the garnishment letter was delivered (or have my attorney followup with them). --24.128.227.165 |
| Ask the court clerk what gives...but remember that legally you will only be sent 15%of each check. This takes time, and in many areas you don't get the coin until 100% of the judgement has been collected. Good luck! --64.12.112.147 |
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Karen...I had that happen to me one time. The person that was in charge of garnishing the paycheck at the factory, was friends with the employee that had the judgment against him. The court had sent them notice to garnish twice, with no reply from the company. The third time, the court sent it to the main office in Florida and asked them why THEIR assests shouldn't be frozen and sold to pay this judgment. WOW....the company sent the entire amount of the judgment to the court...pronto. Go back down to the court(talk to the gals), and they will have a record if the employer responded to the judgment. You just need to follow up on this as the court won't do this on their own. They WILL keep persuing it until you get your money though. Good luck. --68.53.193.212 |
| I'm not sure if the employer has received the garnishment order or not. Radar, I actually had wondered about that "friend" scenario because he's been there so long, I'm sure he knows everyone and thought he might have someone who is protecting him as long as possible. Not sure what gives with the wife tho, but since I'm here at work (gotta keep building those diesel engines, ya know!) the better half is on his way down to the courthouse to talk to the gals down there to see if they can tell us what's up. They've always been really helpful before so they may be able to give us the info we need. Thanks to all who commented and suggested we head to the courthouse. We just figured it was out of their hands by now. --192.158.61.142 |
| Just remember....the ball is always in the court's court. --68.53.193.212 |
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The garnishment process depends on what state you are in, and I am not familiar with Indiana law. Listen the most to others from your state, such as Radar. Also, a local landlords association often can be of help. There have been times when I followed all of the process, and had trouble getting money. In one case the person being garnished was part of the chain of employees that handled garnishment, so he interfered with it. Another time the employee was a close friend of the employer and the employee actually was working off the books. --64.12.113.162 |
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Indiana's General Wage Garnishment Statute How is the obligation to withhold triggered? The employer has no obligation to make deductions from an employee's pay unless and until it receives a court order to do so. A judgment against the employee by a creditor or other party is not enough to trigger the withholding requirement. What is the maximum amount that may be withheld from an employee's pay pursuant to one or more garnishment orders? Under state law, with the exception of support orders, the total weekly amount that may be withheld for the payment of one or more garnishments cannot exceed the lesser of: 25% of the employee's weekly disposable earnings; or the amount by which the employee's weekly disposable earnings exceed 30 times the federal minimum wage (30 x $5.15 = $154.50). --68.53.193.212 |
| Thanks for the additional information Radar. Silly me, I assumed that when I received the judgment that the clerks office would've sent the deadbeat's employer the court order by certified mail or something like that. Yes, I know what happens when one "assumes"...I will keep pursuing this tho....like I've said before, it's not the $1500, it's the principle. --192.158.61.142 |