I own a corporation (NOT A SOLE PROP) and a couple of years ago I performed a project and issued a purchase order to a company to perform work. They completed the work and I paid them 80% of the purchase order. I also work for another company (My corp is a part time) Just this past week the company I work for rec'd a notice of garnishment for the remaining balance plus fees for the 20% balance. I did not think that someone could garnish my wages at my full time job(personally) when my corporation issued the purchase order and the amount owed is from the corporation. Obviously the creditor has ran out of patience but I would like to avoid the garnishment. Discussions with the creditor at this time has not resulted in a reasonable plan to repay the 20%. Balance owed is approx $3,000.00. Can I fight this garnishment since it was sent to my employer for me personally and force them to seek other remedies against my corporation?

excon

Hello robert:

They can't garnish your wages unless they have a judgment. They can't get a judgment unless they sue you. They can't sue you unless you've been notified.

If you were notified, THAT was the place to fight. If you weren't notified, go back to the court that issued the judgment and ask them to set it aside because you weren't served. If you're successful at that, and you have a rehearing, you present your corporation defense... It MIGHT work.

excon