Legal Question in Credit and Debt Law in Iowa
My employer forgot to withdrawn garnishment from my check. They received a letter from the Sherriff stating that they needed to pay the total garnishment from the beginning of this year. This is a total of 800.00. I have two questions. One am I liable to pay this money back since they neglected to garnish the money? They ended up paying the full 800.00. They are now trying to take the money out of my check and I have not signed any documents agreeing to the money being taken out of my check. Can they take any dollar amount out of my check with out my written consent?
Asked on 7/15/10, 3:38 pm
1 Answer from Attorneys
Robert Luedeman
solo practitioner
1. Yes. It's a legal debt.
2. They can. Your signature agreeing to be garnished is not necessary.
Answered on 7/15/10, 10:00 pm