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    EHemmingway's Avatar
    EHemmingway Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 14, 2011, 09:12 PM
    Can employer garnish pay for debt owed without an order or writ?
    Hello,

    It is retail, so I know the law varies but it is too confusing looking it up. I know from past experience with a student loan, that they can garnish pay for debt owed when an order or writ is decided on by a court. The question comes down to a debt owed for a house account, basically a in house charge account, that was set up for the employees. When this was set up, there was no paper work, or contract stating that the debt had to be paid under a certain time frame, or with a certain minimum balance.

    I just got an account statement with my pay stub, and it stated that if the amount wasn't paid in full by date X, then they would start to garnish my wages.

    There is no doubt I owe this debt, never claimed I did not, but the timing is bad and the amount cannot be paid in such a short time frame. Can they garnish my pay without going through proper channels?

    Through some research, it seems this sort of debt would fall under the voluntary category if I agreed to it, but I do not, and there was no contract signed. Can they take my pay without a court order?

    Just covering my bases, as I'm going to talk to them and see if I can't just start paying the debt off several months from now, so it my be a mute point. But in case they say no, I want to know my options, their options, etc.

    Thank You
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Jan 15, 2011, 06:45 AM

    If this is an in-house employee account then it is likely they can do it. There may be documentation somewhere that allows them to do it. But if you protest it, you will almost definitely lose and may lose your job as well.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 15, 2011, 10:11 AM

    Yes normally they can. If and when you get things from where you work, they are free to get that money from your check.

    Also not all student loans require a judgement to get a garnishmemt,

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