Legal Question in Credit and Debt Law in Pennsylvania
this was a statement from my Employer
Please see attached withholding order. This order will begin withholding at 15% of your disposable earnings effective with the 3/25 check date and will remain in effect until the balance is paid in full and/or we receive a release. Please be aware there could be further accrued interest added to the balance shown.
This is Pa law
they do have to go through the PA county in which you live. Your employer should not have honored the claim for attachment as a foreign court has no authority over a pa company or person. Rather, any foreign judgment has to be enforced through the PA county in which you live. And PA does not allow attachment of wages for civil judgments based on breach of contract.
this was a reply from company reps when I contacted them.
Hi Thomas,
I forwarded the information you provided regarding your garnishment to the legal department here at Cerner. They consulted with outside counsel and the response they received is as follows:
Under Delaware�s choice of law provisions, Delaware law controls in this situation. Therefore, Delaware law on garnishment applies. Cerner does business in, is incorporated in, and was served in Delaware. If the associate wants to object, he may file something in the case pending in Delaware.
I would recommend you provide that full statement to your attorney and they can assist you with the issue moving forward. Please let me know if you have additional questions or concerns.
1 Answer from Attorneys
I regret I misread your other query and now see that the employer is a Delaware company who was served in Delaware. I agree with their assessment that the correct solution, other than a bankruptcy, would be to file an objection in the Delaware Court claiming that you are exempt from execution as you live and work in PA. Regrettably, I am not licensed in Delaware.
Very truly yours,
Matthew R. Nahrgang, Esquire
35 Evansburg Road
Collegeville, PA 19426
(610) 489-3041 ph
(610) 489-3042 fax
www.mnahrgang.com
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