Legal Question in Business Law in Virginia

Can independent contractor pay be garnished?

A real estate agent contracted with our small plumbing firm for a $3600 basement sump pump trench, we did the job, and she then refused to pay. We won the small claims court against her (she appeared). She still refuses to pay. I have been told by a real estate acquaintance that virtually all real estate agents are technically independent contractors, but that their earnings are paid to them by the real estate agency. Can we garnish her earnings from the real estate firm? If so, are there any specific actions that we need to take aside from the usual garnishment rules?


Asked on 3/15/07, 7:53 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Can independent contractor pay be garnished?

Any third party which holds garnishable

property due and owing to the judgment debtor may be served as the garnishee and required to turn over that property in accordance with the procedures governing the garnishment.

The usual garnishment rules should be applicable to the situation which you've described.

Read more
Answered on 3/15/07, 9:50 am
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: Can independent contractor pay be garnished?

Yes, such would be considered wages for purposes of garnishment rules.

Read more
Answered on 3/15/07, 9:53 am


Related Questions & Answers

More Business Law questions and answers in Virginia