A continuing garnishment was served on the defendant at work as well as another enployee on behalf of the owner. What are the consequences to the defendant and the other employee if they both purposefully fail to rurn over the garnishment request to the business owner?

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Originally Posted by Diderie

A continuing garnishment was served on the defendant at work as well as another enployee on behalf of the owner. What are the consequences to the defendant and the other employee if they both purposefully fail to rurn over the garnishment request to the business owner?

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It some places it can lead to jail time. Where? The consequences should be clearly stated on the notice.

In Georgia.This defendant would do just about anything to not pay. I know that if the employer does not answer with in 45 days he becomes responsible for the debt.Could be that is what the defendant is trying to pull off.

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Originally Posted by Diderie

... What are the consequences to the defendant and the other employee if they both purposefully fail to rurn over the garnishment request to the business owner?

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The writ of garnishment should have been served on the employer of the judgment debtor. The debtor (employee) should also have been served with notice that the employer was being served with the writ.

If the rules in the particular jurisdiction allow the business to be served the writ by service on this particular (other) employee, service is good. Whether the other employee fails to route the writ to the proper person in the organization is not the problem of the judgment creditor. If, as you say, the employer does not respond and becomes liable, that's the way the cookie crumbles.

In the mean time, the "other" employee may very well be fired for incurring such liabillity on the part of the employer. The judgment debtor, however, doesn't appear to have any duty to report.

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Originally Posted by AK lawyer

The writ of garnishment should have been served on the employer of the judgment debtor. The debtor (employee) should also have been served with notice that the employer was being served with the writ.

If the rules in the particular jurisdiction allow the business to be served the writ by service on this particular (other) employee, service is good. Whether the other employee fails to route the writ to the proper person in the organization is not the problem of the judgment creditor. If, as you say, the employer does not respond and becomes liable, that's the way the cookie crumbles.

In the mean time, the "other" employee may very well be fired for incurring such liabillity on the part of the employer. The judgment debtor, however, doesn't appear to have any duty to report.

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. Thank You.

Thank You

The company if they do not pay, if they were properly served, will become liable for the debt very possible. Why not just call and inform the owner of this.