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ceharris · May 25, 2010, 06:47 AM

Former manager "borrowed" 3000.00, signed papers and won sm. Claims case, garnished wages but found out the IRS was 1st in line. Can I garnish her bank account and if so what do I need to do?
Thanks, Cindy

this8384 · May 25, 2010, 09:45 AM

Originally Posted by ceharris

Former manager "borrowed" 3000.00, signed papers and won sm. claims case, garnished wages but found out the IRS was 1st in line. Can I garnish her bank account and if so what do I need to do?
Thanks, Cindy

Are you saying that your former manager borrowed money from you and signed a contract stating she would repay; when she failed to repay, you filed a small claims suit against her and won... is that correct?

Yes, anytime money is owed to the government, everyone else has to wait their turn. You can file to have her account frozen but you may want to consult someone about this - I just recently found out that my state(WI) exempts the first $1,000 in an account from garnishment. So if the debtor has $1,001 in their account and I file, I'm only going to get $1.

ceharris · May 25, 2010, 10:07 AM

I worked w/ the girl for well over a yr.. Came into work 1 day ,found her crying saying the electric co. was cutting off her power in 2 hrs. She did not have the money so stupid me lent her 300.00. In march. She came back to me and asked if I would co-sign a loan for a auto, I said no but I went back into my saving and lent her 2500.00, again stupid me. Wasn't long after that , that she stabbed me in the back and I no longer was employed with the hospital. I told her I needed my money and then she refused to talk w/ me. I also found out that she borrowed money from another employee-4000.00 and a Dr. of several thousands. I am the only one that madde her sign a paper of which she is in default of. She never responed to the sm. Claims case & I learned at the end of that about the IRS garnishing her wages.If she files bankruptcy I have to start all over w/ it all. To me, it looks like it is OK to take money from someone and they will not have to pay it back. I am not letting this go! Cindy

smoothy · May 25, 2010, 10:39 AM

I never loan anyome more than I would willingly "GIVE" them... knowing odds are they will never pay it back. Just never got burned for anything that large.

You can say I'm so tight I squeak when I walk (hell I joke that I am all the time)... but then I am responsible with my own finances.. and wise enough to tell someone no if they come begging with crockodile tears. Odds are the bank already told them no way before they came to you and for good reason.

Good for you to be smart enough to get them to sign papers.

excon · May 25, 2010, 10:47 AM

Originally Posted by ceharris

Can I garnish her bank account and if so what do I need to do?
Thanks, Cindy

Hello Cindy:

Sure. Get a writ of execution from the court, and have it served on the bank.

excon

this8384 · May 25, 2010, 11:26 AM

Originally Posted by ceharris

I worked w/ the girl for well over a yr..Came into work 1 day ,found her crying saying the electric co. was cutting off her power in 2 hrs. She did not have the money so stupid me lent her 300.00. in march. She came back to me and asked if I would co-sign a loan for a auto, I said no but I went back into my saving and lent her 2500.00, again stupid me. Wasn't long after that , that she stabbed me in the back and I no longer was employed with the hospital. I told her I needed my money and then she refused to talk w/ me. I also found out that she borrowed money from another employee-4000.00 and a Dr. of several thousands. I am the only one that madde her sign a paper of which she is in default of. She never responed to the sm. claims case & I learned at the end of that about the IRS garnishing her wages.If she files bankruptcy I have to start all over w/ it all. To me, it looks like it is ok to take money from someone and they will not have to pay it back. I am not letting this go! Cindy

Just an FYI - if she files bankruptcy then no, you cannot "start all over." If your debt is discharged in a bankruptcy, then she legally owes you absolutely nothing and you cannot try to get a cent from her.

And yes, that is the sad but true part of lending money to people - if they screw you, that's pretty much the end of it. You can get a judgment against her, but collecting on it is the hard part.