Legal Question in Credit and Debt Law in Minnesota
A person is overpaid by the place of empoloyment. Is it legal for the employer to garnish the entire paycheck until the overpayment is completely paid back?
Asked on 12/14/09, 10:00 am
1 Answer from Attorneys
David Anderson
Anderson Business Law LLC
Need more details.
Normally, an overpayment would subject employee to normal debtor/creditor rules, i.e. Employee now owes Employer money. Employer should demand return of money. If Employee does not, employer could sue and enforce a judgment by all means allowed by law, including garnishment, which has certain limits and restrictions, as well as statutory procedures which must be followed.
In other words, NO.
Answered on 12/19/09, 11:57 am