Possibly but it can be complicated. If the garnishee's employer ignored a court order to remove the amount from the garnishees salary and forward it to 'wherever', the employer could be charged with contempt of court for failing to iobey the court's order. On the other hand - if the garnishee KNEW (by the amount in his received paychecks) that the amount was not being taken out and failed to take action to correct it, they too, could be charged with the same contempt.
Simple version: The creditor sues the debtor and is awarded a judgment. The creditor executes the judgment as a wage garnishment. The garnishment papers are served on the garnishee's employer. The employer withholds the amount stated in the garnishment order from the named employee's wages until the debt is satisfied or the garnishment order is no longer valid.
The garnishee is not notified by the judgment creditor or the court, but the wage garnishment will not begin until 30 days after the writ has been served on the employer; therefore the employer usually notifies the employee that garnishment action is pending. A wage garnishment will remain valid until the total judgment amount is paid in full. Wage deduction for child support is not considered garnishment, thereby allowing a support deduction and a creditor garnishment to be concurrently executed.
The party seeking a writ of wage garnishment must file a lawsuit against the debtor in state circuit court (sometimes superior court). If a judgment is awarded against the debtor it can be executed as a wage garnishment. The garnishment generally commences 30 days after the order has been served on the garnishee's employer. New York does not use federal wage garnishment law, but uses state law which allows a judgment creditor to garnish 10% of the gross income of the garnishee. This law applies to creditor debt only; it does not apply to court ordered child support, spousal maintenance, student loans or federal or state tax arrearages. The amount that can be garnished concerning cited issues is determined by the court and can be as much as 50% of the garnishee's disposable income.
The garnishment order is not valid and the employer can refuse to withhold wages until the order is amended and re-executed. The employer may decide to honor the writ in which case the garnishee would need to file a motion to have the garnishment order quashed in the court where it was issued.
A creditor may (but is not required to) issue a garnishment as soon as a judgment becomes final (10 days in general sessions court or 30 days for circuit or chancery court). After an employer receives notice of the garnishment, the employer has 30 days to answer. The employer will then begin withholding wages and sending them to the court.
Garnishment orders apply to wages or in some cases bank accounts. Sheriff's do not garnish wages they just serve the garnishment order. If you are not being paid by an employer there are no wages to be garnished. Disability benefits are exempt from creditor garnishment. They are not exempt from garnishment for tax arrearages or child support.
Your employer does not garnishee your pay. He must comply with a legal order from someone else to do so and has no choice. He may not fire you for this also. If your employer does garnishee he must have a valid legal order to do so. If he does not he is stealing from you
In Texas, wages may be garnished for child support, alimony, taxes, and student loans. Garnishment requires your employer to withhold a certain amount of money from your paycheck and then send this money directly to your creditor.
Wage garnishments by creditors must run consecutively not concurrently. The first creditor to execute a judgment as a wage garnishment has priority until the debt is repaid or satisfied. If there are multiple garnishment orders they will be executed according to the writ of judgment status. This does not pertain to a garnishment for child support and sometimes spousal maintenance (alimony) those are separate issues. If such is the case a creditor garnishment can be enforced concurrently (at the same time), with the child support taking priority.
You should in fact receive a letter from who the creditor is and if they are being garnished your employer should send you all the information that was sent to them in order for them to proceed with the garnishment.
A creditor may only contact your place of work in an attempt to locate you. Check out the Fair Debt Collection Practices Act. You can file a formal complaint the FTC and that collection agency can be fined or sued. * Maybe. The term "pressure" needs to be defined before a more definitive answer is possible. If the employer is not adhering to the garnishment order in the way in which the state law requires, legal counsel can contact the employer to find out the reason for the delay. It really depends upon the laws of the state where the garnishment order is issued and the information that the legal counsel is seeking.
No. That employer should be reported to the court. If a court order for garnishment was issued it is in contempt of a court order.No. That employer should be reported to the court. If a court order for garnishment was issued it is in contempt of a court order.No. That employer should be reported to the court. If a court order for garnishment was issued it is in contempt of a court order.No. That employer should be reported to the court. If a court order for garnishment was issued it is in contempt of a court order.