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Todju · Jun 9, 2008, 10:10 AM

New York State --I am a independent contractor, a judgment for a credit card co. is against me, they have listed a customer as my employer, I sell a lot of products for this customer on commission only, 1099 form, Can they Garnish my commission which my result in losing the customer?

ScottGem · Jun 9, 2008, 11:08 AM

No they can't garnish 1099 income.

Todju · Jun 12, 2008, 09:45 AM

Thank You, that helped very much

ceedee · Jun 14, 2008, 07:19 AM

Hi Todju

Just a thought that came to me when I read your question. It appears that you have concerns about losing this customer (and/or probably tarnishing your image/relationship with them). While, it appears, the exchange of monies with them cannot be touched, it would be a shame if they contacted them (with a court ordered garnishment), under the impression (on the garnisher's part) that they are your employer (rather than a customer), and even though it would likely be discovered, at that time, that it's not in fact your employer and the garnishment wouldn't happen, my thought was that just being made aware of the existence of a judgment against you AND court-ordered garnishment... might reflect negatively on you from your customers perspective.

That's just my initial thought from my perspective. This is in NO WAY meant to be judgmental of you... just something to think about and maybe see if there is a way to avoid the garnisher contacting your customer at all. Maybe tell them that they have wrong employment information for you and just tell them you are self employed/independent contractor (without giving them much more detail than that - if you can avoid it). I wouldn't even tell them that the info they have is a customer rather than employer, because they may use that info against you and/or contact them (under the pretense/presumption) that they are your employer because that's the info they have. And it seems they would be within their legal right to do so under the court-ordered garnishment (we thought that was your employer because that's the info we have).

Again, this is just opinion, not meant to be legal advice, and I could be wrong - and there may be details that I don't know that could make all this irrelevant to your situation - but just something's to think about. Hope it helps :) GOOD LUCK TO YOU!