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    debtfree2b's Avatar
    debtfree2b Posts: 12, Reputation: 1
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    #1

    Sep 6, 2009, 01:43 PM
    Garnishment of Wages?
    It's the case of the garnishment of wages

    -requested of an employer who's not really an employer.

    The debtor is actually a subcontractor of the "employer". In other words, there is no employer/employee relationship w/the employer that was served the writ of garnishment. The debtor is a sole proprietor and gets commission only from the employer (who's not really an employer... oy.. )

    Does the employer (who's not really an employer... I know, I know.. 1+02) have to abide by this writ and garnish wages (that are not really wages... ugh... ) from the debtor's check? Mind you, nothing is normally deducted from the check as is, no taxes, no nothing. The check also is not a regular thing, IOW, debtor might get a check this month and not another one for 3 months.
    DownUnder's Avatar
    DownUnder Posts: 492, Reputation: 24
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    #2

    Sep 6, 2009, 03:14 PM

    So are you saying you are paid with a personal check? You said no taxes,nothing from your check. So please explain what it is you are asking? A writ of garnishment has to come from the court resulting from a judgement that was entered against the debtor
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    debtfree2b Posts: 12, Reputation: 1
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    #3

    Sep 6, 2009, 03:22 PM
    Quote Originally Posted by DownUnder View Post
    so are you saying you are paid with a personal check? You said no taxes,nothing from your check. So please explain what it is you are asking? a writ of garnishment has to come from the court resulting from a judgement that was entered against the debtor
    Sorry for the confusion.

    I'm saying the debtor has a wage garnishment -from a Judgement- sent to his employer.

    The employer does not really have an employee/employer relationship with the debtor.

    The debtor is paid by commission only from the "employer".

    The debtor may get a paycheck this week or not since he's paid by commission only.
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    debtfree2b Posts: 12, Reputation: 1
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    #4

    Sep 6, 2009, 03:24 PM
    Quote Originally Posted by DownUnder View Post
    so are you saying you are paid with a personal check? You said no taxes,nothing from your check. So please explain what it is you are asking? a writ of garnishment has to come from the court resulting from a judgement that was entered against the debtor
    When the debtor is paid his commission due via check from the employer, no taxes, or anything is deducted.


    So, what's the max. % -if any- allowed to be garnished?
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    DownUnder Posts: 492, Reputation: 24
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    #5

    Sep 7, 2009, 08:38 AM

    WHY aren't any taxes being taken out? Or is he supposed to be paying taxes in on this income? The amount that can be garnished vairies from state to state but if the judgement can't be satified through garnishments then they will simply go after bank accounts or possibly assests
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Sep 7, 2009, 08:50 AM

    Hello d:

    If the debtor is TRULY a subcontractor, and from your description he looks like one, the contractee is NOT his employer (no confusion there), and they aren't obligated to adhere to the garnishment order. Garnishment is for wages or salary, and he has NONE from this company.

    The contractee MAY very well be responsible for informing the court exactly WHY the order is not valid... I don't know what it SAYS, exactly, but I'll bet it says something about it.

    excon
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    debtfree2b Posts: 12, Reputation: 1
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    #7

    Sep 7, 2009, 05:58 PM
    Quote Originally Posted by excon View Post
    Hello d:

    If the debtor is TRULY a subcontractor, and from your description he looks like one, the contractee is NOT his employer (no confusion there), and they aren't obligated to adhere to the garnishment order. Garnishment is for wages or salary, and he has NONE from this company.

    The contractee MAY very well be responsible for informing the court exactly WHY the order is not valid.... I dunno what it SAYS, exactly, but I'll bet it says something about it.

    excon
    Yup, Ex, that's exactly the scenario. Thanks all for the info!
    joyce19702357's Avatar
    joyce19702357 Posts: 6, Reputation: 1
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    #8

    Sep 8, 2009, 04:27 PM
    Can they garnish my wages when Iam a business owner and a singlr mom?
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    joyce19702357 Posts: 6, Reputation: 1
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    #9

    Sep 8, 2009, 04:28 PM

    Can they garnish my busineess account
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    joyce19702357 Posts: 6, Reputation: 1
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    #10

    Sep 8, 2009, 04:29 PM
    What's my answers
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    joyce19702357 Posts: 6, Reputation: 1
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    #11

    Sep 8, 2009, 04:31 PM
    Iam the business owner and a single Mom
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    joyce19702357 Posts: 6, Reputation: 1
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    #12

    Sep 8, 2009, 04:32 PM

    Can they freeze my busineess account and checking account?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #13

    Sep 8, 2009, 04:43 PM

    Hello joyce:

    We're not just sitting around waiting to serve you. Plus, you only need to post your question ONCE. AND you should start your own thread...

    You SAY it's your business, but is it incorporated?? If so, and you haven't co mingled your personal funds in, your "business" accounts should be safe...

    If your corporation pays you wages, and it's the corporation who is served with the garnishment order, then YES, your wages can be garnished...

    You PERSONAL accounts are vulnerable, however.

    Oh yeah... They don't care if you're a single mom or not.

    excon
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