Legal Question in Bankruptcy in New Jersey

Garnishing a mileage/expense check

Can a company garnish your check that was for mileage and expenses. For a company cell phone that was given to you without signing anything holding you responsible for the phone and it gets damaged?


Asked on 2/25/04, 9:38 am

1 Answer from Attorneys
Rafael Gomez Rafael Gomez, Attorney at Law, P.C.

Re: Garnishing a mileage/expense check

If by garnishing you mean that you were sued in small claims court, received a copy of the complaint and time to answer and you didn't answer to contest the garnishment, then you must re-open the case to contest the judgment that was entered against you.

However, it sounds like they didn't sue you, get a judgment and then execute the judgment by wage garnishment. It sounds like they are deducting it out of your pay. In this case you haven't been given notice and an opporunity to be heard (due process) and you should contest this so called "garnishment." It doesn't sound right, if that's the way it was done. You may call to set up an appointment 201-646-9799

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Answered on 2/26/04, 4:45 pm


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