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    love2dab's Avatar
    love2dab Posts: 1, Reputation: 1
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    #1

    Feb 4, 2009, 05:09 PM
    Wage garnishment
    Can I be fired if my job if the wage garnishment paper where severed by a sheriff, but nothing ever happen with the paperwork. Now the court sent another paper saying that they were not interested in receiving money from me but my employer. In other words my landlord is suing my place of business for my debt. Will I be fired? I live in the Smyrna GA.
    Iknowalotofstuff's Avatar
    Iknowalotofstuff Posts: 144, Reputation: 1
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    #2

    Feb 4, 2009, 09:52 PM

    A Notice of Garnishment lists the debtor (you), the creditor (your landlord) and the garnishee (your employer). The Notice, a legal document issued by the Court, orders your employer to deduct from your wages the amount required by law. If your employer ignores the notice and does not send the money, the creditor can have the court grant a judgment against the garnishee for his failure to act lawfully on the original notice. For example, your employer was directed to take 20% of your net pay and did not. He is responsible for paying at most the entire debt or at least the money he should have deducted from your wages.

    In most jurisdictions, Employment Standards legislation prevents a person from being fired because of a garnishment.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Feb 5, 2009, 06:35 AM
    Quote Originally Posted by love2dab View Post
    Can I be fired if my job if the wage garnishment paper where severed by a sheriff, but nothing ever happen with the paperwork. Now the court sent another paper saying that they were not interested in receiving money from me but my employer. In other words my landlord is suing my place of business for my debt. Will I be fired? I live in the Smyrna GA.


    There is a Judgment against you. It can be enforced by any means which are legal in your State. Obviously your State allows garnishment of your wages.

    They are not "interested" in receiving money from your employer. They have asked your employer to deduct an amount from your wages every pay period, money which the employer then forwards to the credit until this debt is paid.

    You cannot be fired for having a wage garnishment; however, this may cause the employer to find some other reason to terminated you, either because of the extra paperwork OR because the employer now questions your character.

    You HAD to have been served with papers concerning this debt.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Feb 5, 2009, 07:27 AM

    Are you saying they are now suing the place of business?

    I wll assume this happened.

    They were served with a garnishment for you, but they refused for some reason to withhold the money??

    Is that correct?

    If they were served and either refused to hold the money out, or just "forgot" to hold it, out, then yes they can actually be personally liable for payment.

    Why did they not hold it out when they were served

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