Legal Question in Civil Litigation in California

Wage Garnishment

If a company is being ordered by the court to garnish the wages of an employee, shouldn't the COURT be the one requesting the wages, and NOT the ex-wife of the person who's wages are being garnished? How should we respond to this order, sent via certified mail from the ex?


Asked on 7/24/01, 4:12 pm

2 Answers from Attorneys
John Hayes The John Hayes Law Offices

Re: Wage Garnishment

If the wife is the one who was awarded a judgement than it is her responsibilty to file the proper paperwork and serve it on the employer. A copy of the judgment and possibly the wage garnishment papers should be in the court's file. You should probably contact the court and find out what is in the file and ask their opinion on how to handle the matter. If the order is valid you have to comply and garnish his wages. Good luck.

John Hayes, Esq.

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Answered on 7/27/01, 2:02 am
Roger Evans Mathis & Donheiser

Re: Wage Garnishment

It does not matter how the order is delivered; what is important is its validity. If it is a valid court order for withholding of wages, it must be honored by the employer.

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Answered on 7/25/01, 10:06 am


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