Legal Question in Civil Litigation in California
Garnishment issue
My job received a notice from an an alleged creditor that I owed money to them. I issued a letter to my job stating in strong terms that I do not agree to have my check garnished and that there appeared to be no writ of garnishment or write of attachment. Yet, last week my check was garnished over 67%!!! I am thinking of suing my employer in state court. They have stolen my money. What laws have they violated both civil and criminal? Now, at hiring, I signed an agreement stating that I would use mediation to solve conflicts. Is this still intact since my employer has broken the law and stolen from me. There appears to be no judgement, no writ of garnishment, no writ of attachment. (I will be demanding certified copies of each this week.) Any suggestions?
3 Answers from Attorneys
Re: Garnishment issue
First calm down as you are thinking with your guts and not your head. See if there was any judgment and the needed paperwork to enforce it. Check to see if the creditor has sued you. Write a letter to the creditor telling them that on a disputed claim they have appeared to illegal garnish your wages and that under the law they must stop, notify your employer that it was a misstae and report so to any credit agencies they have already given the negative information to. Make a copy of any legal book backing up your position and go to the person in your company who allowed the wages to be taken, ask calmly why did wha did,show they the legal statement, ask they what they will do now.
Why are you so angry with your employer and not the creditor? In any law suit you would recover more from they that your employer and if you sue your employer you may be puting your job on the line.
Re: Garnishment issue
Suggestions? Yes. Consult promptly with counsel about what rights you actually have, and what you can do to contest the garnishment, instead of assuming you can run off and make legal claims that are without basis. Your employer is simply obeying a court order. There are time limits on proper responses to a levy. If handled correctly, you may be able to obtain a court order reducing the levy, or prove you are not the proper party. The facts will determine the outcome, not your emotions, and writing letters does nothing to stop the levy. Feel free to contact me if interested in doing this right.
Re: Garnishment issue
67% is beyond the legal percentage first of all. Obviously you were not properly noticed of a suit and subsequent judgment levied against you. You must immediately move
to set asside the judgment. Contact me directly.