OldCoyote
Senior Associate
Joined: Dec 21, 2010 10:34:48 GMT -5
Posts: 13,449
|
Post by OldCoyote on Jul 2, 2017 10:50:56 GMT -5
I was served with garnishment papers for an employee, I glanced at them ,
meaning to take a better look later when I was not so busy.
Well 13 days later I look at the paper work, If I had not filed a response within 10 days, I could be held responsible for the debt.
Even if I didn't know the person!
Well, I didn't file within the 10 days. I start filling out the paper work, Question about his earnings, gross pay.
I take that weeks paycheck, It changes each week depending on the hours worked.
Gross pay - less deductable earnings, X 25% of non deductable earnings. $791.00 - $652.21 X25%= $163.05
Then current minimum wage($7.50) X weekly (30Xmin wage) $217.50
Sub line 3 from2b. $434.71
Enter the amount from 2c or line4 which ever is smaller $163.05
The amount withheld from the Judgement debtor's earnings because of
a court ordered Assignment $??
How am I to know this?? I don't have anything from the court!!
OK let's skip ahead to last Friday, Receive a letter from the attorney,
Judgement Creditor applies for An Order for Continuing Lien Against the above named Garnishee.
The Garnishee was served with Garnishment on5/30/2017.
Garnishee has answered that Judgement debtor,XXXXX XXXXXXXX,is employed by Garnishee,
Or that the Garnishee otherwise owed earnings to the Judgement debtor within the last sixty days of when the Writ was served.
Pursuant to ARS 12-1598.15(B) Judgement Creditor is entitled to it's costs as shown on the attached Statement of Costs
and affidavit of service.
No written objection to Writ of Garnishment or Answer has been timely filed, or all objection have been resolved by the Court.
On the end is a Court order to remit to the Attorney's office.
It is NOT signed by a court officer, it is blank!
I am ready to part company with the employee,
Am I responsible to pay this judgement even if I get rid of the employee?
|
|
Tennesseer
Member Emeritus
Joined: Dec 20, 2010 21:58:42 GMT -5
Posts: 64,598 
|
Post by Tennesseer on Jul 2, 2017 10:54:59 GMT -5
OC-He was your employee at the time his employer (you) was served the garnishment papers. It was incumbent of you to read the documentation and reply within the 10 day time frame. Your excuse that you would read it when you had time will not sit well with the courts.
ETA: As for your comment, "How am I to know this?? I don't have anything from the court!!", had you opened the letter when you first received it, you would have had 10 days to find out what you needed to know and respond back in time.
|
|
OldCoyote
Senior Associate
Joined: Dec 21, 2010 10:34:48 GMT -5
Posts: 13,449
|
Post by OldCoyote on Jul 2, 2017 11:04:44 GMT -5
OC-He was your employee at the time his employer (you) was served the garnishment papers. It was incumbent of you to read the documentation and reply within the 10 day time frame. Your excuse that you would read it when you had time will not sit well with the courts. I am probably going to write a check , Fire the employee, Move on down the road. Since I was served not under my proper name I know that it was his ex wife that told the creditor he worked for me, Since she doesn't know my legal name, I will retaliate against her also This debt was over 10 years ago,, It was not my debt!! |
|
taz157
Senior Associate
Joined: Dec 20, 2010 20:50:06 GMT -5
Posts: 12,945
|
Post by taz157 on Jul 2, 2017 11:08:21 GMT -5
OC-He was your employee at the time his employer (you) was served the garnishment papers. It was incumbent of you to read the documentation and reply within the 10 day time frame. Your excuse that you would read it when you had time will not sit well with the courts. I am probably going to write a check , Fire the employee, Move on down the road. Since I was served not under my proper name I know that it was his ex wife that told the creditor he worked for me, Since she doesn't know my legal name, I will retaliate against her also This debt was over 10 years ago,, It was not my debt!! No, but that's not you to judge. Are you going to fire him because he was served garnishment paperwork? |
|
Tennesseer
Member Emeritus
Joined: Dec 20, 2010 21:58:42 GMT -5
Posts: 64,598
|
Post by Tennesseer on Jul 2, 2017 11:11:36 GMT -5
OC-you cannot ignore legal correspondence. You do so at your own risk.
A good example of that is someone fires an employee for good cause (example: misconduct on the job). The ex-employee files for unemployment benefits. The ex-employer is notified to attend a unemployment hearing to offer reason(s) why the ex-employee should not receive unemployment benefits. Ex-employer does not go to unemployment hearing. Most likely, employee terminated for good cause is granted unemployment benefits because the ex-employer failed to attend and offer reason(s) why ex-employee should not receive benefits.
|
|
Tennesseer
Member Emeritus
Joined: Dec 20, 2010 21:58:42 GMT -5
Posts: 64,598
|
Post by Tennesseer on Jul 2, 2017 11:14:36 GMT -5
I am probably going to write a check , Fire the employee, Move on down the road. Since I was served not under my proper name I know that it was his ex wife that told the creditor he worked for me, Since she doesn't know my legal name, I will retaliate against her also This debt was over 10 years ago,, It was not my debt!! No, but that's not you to judge. Are you going to fire him because he was served garnishment paperwork? Don't dig a deeper hole than 'you' are already in. Terminating the employee because you ended up footing the bill that the employee should have paid but now 'you' are because 'you' failed to respond would be considered retaliation. Good way to end up playing his unemployment benefits along with a wrongful termination lawsuit. |
|
zibazinski
Community Leader
Joined: Dec 24, 2010 16:12:50 GMT -5
Posts: 47,912 
|
Post by zibazinski on Jul 2, 2017 11:32:14 GMT -5
You can only fire an employee after three garnishments. At least in Florida. I had a coworker get called in by the principal and told that his third one had come in and that he needed to pay off one of the three or get fired.
It is a pita for an employer which is another reason employers are running credit checks. I'm sorry.
|
|
OldCoyote
Senior Associate
Joined: Dec 21, 2010 10:34:48 GMT -5
Posts: 13,449
|
Post by OldCoyote on Jul 2, 2017 11:34:34 GMT -5
I am probably going to write a check , Fire the employee, Move on down the road. Since I was served not under my proper name I know that it was his ex wife that told the creditor he worked for me, Since she doesn't know my legal name, I will retaliate against her also This debt was over 10 years ago,, It was not my debt!! No, but that's not you to judge. Are you going to fire him because he was served garnishment paperwork? That is only a small part of it, He doesn't follow my exact directions, He doesn't have a drivers license, I pay my Grandson to drive on calls. He can not manage money, I have paid his fines, his trips to classes for parole, Paid for his GED, constant can I borrow, Last week, I "LOAN him $950 for the deposit and rent on a different apartment so it has bedrooms for the kids that he now has joint custody . I said this is the last of the money I am going to loan you.. It Is Done!! Here what is funny, while I was typing this he text me asking to borrow $50 for SRP electric deposit. I have posted about him before, I was told that I was being taken advantage of, And I was but now it is over! No, I am not loaning him money for the electric deposit! |
|
zibazinski
Community Leader
Joined: Dec 24, 2010 16:12:50 GMT -5
Posts: 47,912
|
Post by zibazinski on Jul 2, 2017 11:40:06 GMT -5
No good deed goes unpunished. You let his problems become your problems and now it's biting you big time. I'm so sorry but we all tried to warn you. I'm not surprised at all that this is the employee that you've mentioned before. You'll need to see a lawyer I think, to get out of this mess.
|
|
OldCoyote
Senior Associate
Joined: Dec 21, 2010 10:34:48 GMT -5
Posts: 13,449
|
Post by OldCoyote on Jul 2, 2017 11:59:15 GMT -5
No good deed goes unpunished. You let his problems become your problems and now it's biting you big time. I'm so sorry but we all tried to warn you. I'm not surprised at all that this is the employee that you've mentioned before. You'll need to see a lawyer I think, to get out of this mess. That's funny Zib, when this started meaning when I was three days late filing a response, There is a small law office close by. Went there, on the door was notice they were on vacation starting that morning, OK no problem, googled on the phone other law offices in the neighborhood, went there, they are gone, went to the next on the list gone, both out of business. made some more calls, Sorry we don't take cases that small,, the next one sorry he is out of the office for a few days. Annnd the last one I tried "This pretty simple you should be able to take care of it yourself"!! See what happens when O.C. takes care of it him self. Note In AZ I do not need a reason to let someone go. All I say is, We don't need your services any more! Thank for every thing! |
|
OldCoyote
Senior Associate
Joined: Dec 21, 2010 10:34:48 GMT -5
Posts: 13,449
|
Post by OldCoyote on Jul 2, 2017 12:02:05 GMT -5
OC-He was your employee at the time his employer (you) was served the garnishment papers. It was incumbent of you to read the documentation and reply within the 10 day time frame. Your excuse that you would read it when you had time will not sit well with the courts. ETA: As for your comment, "How am I to know this?? I don't have anything from the court!!", had you opened the letter when you first received it, you would have had 10 days to find out what you needed to know and respond back in time. I call my accountant, she didn't know the answer either! |
|
Tennesseer
Member Emeritus
Joined: Dec 20, 2010 21:58:42 GMT -5
Posts: 64,598
|
Post by Tennesseer on Jul 2, 2017 12:08:02 GMT -5
OC-He was your employee at the time his employer (you) was served the garnishment papers. It was incumbent of you to read the documentation and reply within the 10 day time frame. Your excuse that you would read it when you had time will not sit well with the courts. ETA: As for your comment, "How am I to know this?? I don't have anything from the court!!", had you opened the letter when you first received it, you would have had 10 days to find out what you needed to know and respond back in time. I call my accountant, she didn't know the answer either! And that's why you should have called the court office which sent you the letter! |
|
Tennesseer
Member Emeritus
Joined: Dec 20, 2010 21:58:42 GMT -5
Posts: 64,598
|
Post by Tennesseer on Jul 2, 2017 12:14:10 GMT -5
No good deed goes unpunished. You let his problems become your problems and now it's biting you big time. I'm so sorry but we all tried to warn you. I'm not surprised at all that this is the employee that you've mentioned before. You'll need to see a lawyer I think, to get out of this mess. That's funny Zib, when this started meaning when I was three days late filing a response, There is a small law office close by. Went there, on the door was notice they were on vacation starting that morning, OK no problem, googled on the phone other law offices in the neighborhood, went there, they are gone, went to the next on the list gone, both out of business. made some more calls, Sorry we don't take cases that small,, the next one sorry he is out of the office for a few days. Annnd the last one I tried "This pretty simple you should be able to take care of it yourself"!! See what happens when O.C. takes care of it him self. Note In AZ I do not need a reason to let someone go. All I say is, We don't need your services any more! Thank for every thing! Yes. Arizona is an at-will state. As are most. But now you have legal problems and the garnishment will come out in the wash should you terminate the employee and he files for unemployment benefits or finds out you were served with garnishment papers. And as a business owner, you should probably have an attorney on retainer already for various reasons. The problems are now all yours because you were too busy to open a letter. |
|
OldCoyote
Senior Associate
Joined: Dec 21, 2010 10:34:48 GMT -5
Posts: 13,449
|
Post by OldCoyote on Jul 2, 2017 12:15:00 GMT -5
Fair enough, I may not have known that but then I get to say to the person with the blown motor,
Why didn't you check the oil? probably more expensive than my problem.
|
|
OldCoyote
Senior Associate
Joined: Dec 21, 2010 10:34:48 GMT -5
Posts: 13,449
|
Post by OldCoyote on Jul 2, 2017 12:15:21 GMT -5
Is this the same employee that was arrested? yes. |
|
Rukh O'Rorke
Senior Associate
Joined: Jul 4, 2016 13:31:15 GMT -5
Posts: 10,292
|
Post by Rukh O'Rorke on Jul 2, 2017 12:23:52 GMT -5
Is this the same employee that was arrested? yes. was this also the "young man" you hired that had the girlfriend who quite a job? |
|
Rukh O'Rorke
Senior Associate
Joined: Jul 4, 2016 13:31:15 GMT -5
Posts: 10,292
|
Post by Rukh O'Rorke on Jul 2, 2017 12:26:14 GMT -5
I think you just have to take x% out of his pay and send to the court. Fill it out and send in today, maybe the holiday weekend mail delays will make it not so noticeable.
doesn't seem like it needs firing over.
But do tell him no more loans, and develop a more work only/professional relationship.
|
|
zibazinski
Community Leader
Joined: Dec 24, 2010 16:12:50 GMT -5
Posts: 47,912
|
Post by zibazinski on Jul 2, 2017 12:29:34 GMT -5
No good deed goes unpunished. You let his problems become your problems and now it's biting you big time. I'm so sorry but we all tried to warn you. I'm not surprised at all that this is the employee that you've mentioned before. You'll need to see a lawyer I think, to get out of this mess. That's funny Zib, when this started meaning when I was three days late filing a response, There is a small law office close by. Went there, on the door was notice they were on vacation starting that morning, OK no problem, googled on the phone other law offices in the neighborhood, went there, they are gone, went to the next on the list gone, both out of business. made some more calls, Sorry we don't take cases that small,, the next one sorry he is out of the office for a few days. Annnd the last one I tried "This pretty simple you should be able to take care of it yourself"!! See what happens when O.C. takes care of it him self. Note In AZ I do not need a reason to let someone go. All I say is, We don't need your services any more! Thank for every thing! [bra It's not going to be that simple. You've put yourself out there time and time again for this person. Once would have been sufficient to give him a hand up but you did handouts and that's what happens with handouts. They're not grateful or appreciative. They've got you marked as a sucker now. This is why I am against welfare because it enables and rewards bad behavior. The recipients are never grateful and try to better themselves but demand more and more. |
|
CCL
Junior Associate
Joined: Jan 4, 2011 19:34:47 GMT -5
Posts: 7,711
|
Post by CCL on Jul 2, 2017 13:20:42 GMT -5
That's funny Zib, when this started meaning when I was three days late filing a response, There is a small law office close by. Went there, on the door was notice they were on vacation starting that morning, OK no problem, googled on the phone other law offices in the neighborhood, went there, they are gone, went to the next on the list gone, both out of business. made some more calls, Sorry we don't take cases that small,, the next one sorry he is out of the office for a few days. Annnd the last one I tried "This pretty simple you should be able to take care of it yourself"!! See what happens when O.C. takes care of it him self. Note In AZ I do not need a reason to let someone go. All I say is, We don't need your services any more! Thank for every thing! [bra It's not going to be that simple. You've put yourself out there time and time again for this person. Once would have been sufficient to give him a hand up but you did handouts and that's what happens with handouts. They're not grateful or appreciative. They've got you marked as a sucker now. This is why I am against welfare because it enables and rewards bad behavior. The recipients are never grateful and try to better themselves but demand more and more.  In my experience, you really can't help people like this. They will just expect, then demand, more and more. Better to avoid the drama and say no the first time. I'm sorry you are going through this.  |
|
OldCoyote
Senior Associate
Joined: Dec 21, 2010 10:34:48 GMT -5
Posts: 13,449
|
Post by OldCoyote on Jul 2, 2017 13:52:18 GMT -5
was this also the "young man" you hired that had the girlfriend who quite a job? That's him, if I haven't lost count , it could be twelve jobs in less than a year. |
|
MarleyKeezy78
Senior Member
Joined: Jul 22, 2011 13:20:34 GMT -5
Posts: 3,226
Location: Sittin in the mitten
|
Post by MarleyKeezy78 on Jul 2, 2017 14:08:15 GMT -5
I had to do this for two employees at a gym I worked at, it was a complete pain in my ass and they were both for child support. It seems like the amount to pay was stated whether it was a specific dollar amount or a percentage but it wasn't very easy to figure out. Good luck.
|
|
Opti
Community Leader
Joined: Dec 18, 2010 10:45:38 GMT -5
Posts: 42,247
Location: New Jersey
Mini-Profile Name Color: c28523
Mini-Profile Text Color: 990033
|
Post by Opti on Jul 2, 2017 14:16:10 GMT -5
First, while you could be liable, odds are if you file soon it won't happen.
I think your math is wrong. What they are looking for is his gross pay minus the deductible earnings and then only 25% of that figure.
So 791 - 652.21 = 138.79 25% of 138.79 is $34.70, $34.70 is what you would deduct from his paycheck and is the answer to amount withheld. (Bolded above)
You can see if the IRS has any instructions on line regarding this. You probably can take his lowest regular paycheck to do the math and use that deduction every time. (Not a lawyer, not employed by the IRS, so check the IRS website or call them to make sure that's OK.)
|
|
beergut
Senior Member
Joined: Jan 11, 2011 13:58:39 GMT -5
Posts: 2,184
|
Post by beergut on Jul 2, 2017 14:48:12 GMT -5
Are you going to withhold the $950 'loan' from his final paycheck?
|
|
countrygirl2
Senior Associate
Joined: Dec 7, 2016 15:45:05 GMT -5
Posts: 17,543
|
Post by countrygirl2 on Jul 2, 2017 15:40:52 GMT -5
Yes, its hard to help people, hubby and I both have and got burned before. We still will help but not with money.
|
|
CCL
Junior Associate
Joined: Jan 4, 2011 19:34:47 GMT -5
Posts: 7,711
|
Post by CCL on Jul 2, 2017 16:22:01 GMT -5
was this also the "young man" you hired that had the girlfriend who quite a job? That's him, if I haven't lost count , it could be twelve jobs in less than a year. I haven't had that many in my entire life. |
|
Opti
Community Leader
Joined: Dec 18, 2010 10:45:38 GMT -5
Posts: 42,247
Location: New Jersey
Mini-Profile Name Color: c28523
Mini-Profile Text Color: 990033
|
Post by Opti on Jul 2, 2017 17:47:38 GMT -5
That's him, if I haven't lost count , it could be twelve jobs in less than a year. I haven't had that many in my entire life. I've had at least twelve jobs in my life, I'm glad I've never had that many though in a year. How many jobs have you had in your life? I think I was up to 7 by the time I finished grad school. |
|
Tennesseer
Member Emeritus
Joined: Dec 20, 2010 21:58:42 GMT -5
Posts: 64,598
|
Post by Tennesseer on Jul 2, 2017 17:57:48 GMT -5
Four jobs in my 37 year working life with the last and longest job being 30 years.
|
|
OldCoyote
Senior Associate
Joined: Dec 21, 2010 10:34:48 GMT -5
Posts: 13,449
|
Post by OldCoyote on Jul 2, 2017 18:37:12 GMT -5
I was served on 5/30,, I mail court from the post office on 6/12, hand delivered to the attorney that same day.
The paper work from the attorney that I receive Friday, tell me to mail 25% of nondeductible pay
is not signed by an officer of the court, it is blank.
|
|
Deleted
Joined: Oct 15, 2024 13:23:40 GMT -5
Posts: 0
|
Post by Deleted on Jul 2, 2017 19:32:30 GMT -5
I've had 5 jobs in 32 years, but one was a high school deal and for a long time I was working three of those jobs at the same time! Been at the same company now for the past 23 years. I'm not sure that's really a good thing though.  |
|
bean29
Senior Associate
Joined: Dec 19, 2010 22:26:57 GMT -5
Posts: 10,216
|
Post by bean29 on Jul 2, 2017 20:04:21 GMT -5
I would find an attorney I could consult on this. As long as he is working for you, you can deduct the garnished amount from his wages, you only have to do 1 or maybe 2 garnishments at a time. Your $950 loan does go behind his garnishment though, and in WI, then only get 16 weeks or so, then they have to file a new garnishment action. I usually reply and ask the court to reduce the amount withheld. I also talk to the employee right away. The last one I saw, employee's wife seperated from employment, they sent her the balance of her 401k, employee cashed it without considering taxable inc + penalty would throw them into higher tax bracket. I think I had 2 state tax garnishments, withheld weekly, remit monthly. Its been awhile since I had a regular garnishment, used to get them a lot for one of DH's employees. The guy was otherwise a decent employee. I don't consider it that big a deal. I run P/R and A/P checks weekly and remit the corresponding taxes weekly, semi-monthly, monthly or quarterly...its my job. I use an online payroll service for DH's business it is intuit IOP, they also have Quickbooks Payroll.
Eta, My company usually has about 20 employees. RN I have I child support order, no garnishments. Had a guy go on Huber a year or so ago, he is still with us. President told me he is a really good worker. DH has 2 employees + our 2 kids working for him rn. None of those 4 have ever had a garnishment.
|
|
