Legal Question in Credit and Debt Law in Utah
Is the company responsable?
small claims garnishment served to company of defendant, defendant files appeal 3 days after judgment,company does not hold out money from defendants pay. I filed O.S.C., do they stand a chance of winning or losing for not holding defendants money??
1 Answer from Attorneys
I don't know but ...25.6081-1
I suspect that the order for garnishment overrides the fact that the defendant is appealing (either the underlying case or the order for garnishment).
Therefore, yes, I believe you can hold the employer responsible for the amount they should have withheld and you should be able to collect that amount from them. Before you feel sorry for that innocent party getting stuck with paying, be aware that they probably have rights against the employee, still and if they end up not being able to collect from him, well, it's their fault they didn't do it when they had the chance.
But this is just my guess. You should consult a lawyer familiar with your state's laws.
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