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    ldl512's Avatar
    ldl512 Posts: 2, Reputation: 1
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    #1

    Jun 11, 2009, 10:27 AM
    Employer does not pay garnishment
    An employer has withheld funds from the employee, but does not send in the full amount of the garnishment for a month. The employee had a hearing scheduled, but would have been vacated if the garnishment had been up-to-date. Employee had to go to court, hired an attorney. Company said their error, brought garnishment up-to-date, and paid for attorney, now they are taking money out of employee's pay check for attorney costs. Employee would never of had to go to court if garnishment would have been sent in (funds for garnishment were withheld). This is under Colorado Statutes. There was no agreement between employee and employer to take this money out of pay check.

    Can an employer deduct money from pay check if there is no agreement or judgment. State of Colorado Statues.
    Lowtax4eva's Avatar
    Lowtax4eva Posts: 2,467, Reputation: 190
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    #2

    Jun 11, 2009, 12:23 PM

    What is your question
    nikosmom's Avatar
    nikosmom Posts: 1,611, Reputation: 488
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    #3

    Jun 11, 2009, 01:27 PM

    Have they said why the money is being deducted?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,379, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #4

    Jun 11, 2009, 01:40 PM

    Well they take out SS , fed and state taxes , medicare, etc... or are you talking about something else. Please give more detail so we can answer better
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #5

    Jun 12, 2009, 07:00 AM
    Quote Originally Posted by ldl512 View Post
    An employer has withheld funds from the employee, but does not send in the full amount of the garnishment for a month. The employee had a hearing scheduled, but would of been vacated if the garnishment had been up-to-date. Employee had to go to court, hired an attorney. Company said their error, brought garnishment up-to-date, and paid for attorney, now they are taking money out of employee's pay check for attorney costs. Employee would never of had to go to court if garnishment would of been sent in (funds for garnishment were withheld). This is under Colorado Statutes. There was no agreement between employee and employer to take this money out of pay check.
    There are a bunch of issues here.

    1) If the employer wasn't withholding the proper amount, it was your job to send in the difference.

    2) The employer doesn't need an "agreement" with the employee to withhold funds if a garnishment has been filed.

    What proof do you have that the employer is withholding for attorney's fees? Did they specifically tell you that they are doing this?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #6

    Jun 12, 2009, 09:02 PM

    Please do not ask or add to your question by starting new thread, I have merged the two posts.

    Please come back and add more info by answering your own question with up to date info

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