Legal Question in Credit and Debt Law in Virginia
Personal debt between individuals and the involvement of an employer.
My stepdaughter incurred a debt from a friend who happened to be a co-worker of her boyfriend. The funds were to be used to pay rent in which they had fallen behind. An agreement was signed stating that she would be the person to repay the debt. She has become pregnant and is not working at this time. Her boyfriend gave notice to quit in order to change jobs and was fired. He was then told that his former employer would be giving his check to the employee my stepdaughter owes the debt to, who would then pass the check onto the boyfriend in order for him to go to the bank, cash it and pay off the debt. The former co-worker feels that since my stepdaughter is not working that her debt then becomes the boyfriend's. They are not married and have not been together enough time for a common law marriage so I feel the debt is still solely my stepdaughter's responsibility. Am I right? Also I don't feel it is legal for the employer to get involved since the debt arrangement was not made with the company, but an employee on a personal level. The employer should hand the paycheck over to the employee it is made out to. Am I correct? All parties are of legal age.
2 Answers from Attorneys
Re: Personal debt between individuals and the involvement of an employer.
Yes, I would say that you're correct on both counts.
Re: Personal debt between individuals and the involvement of an employer.
Yes, I think you are right. However, I am confused by whether the boyfriend also owed the money, as well. Are they both on the lease? It might be harder to prove the case if both of them owed the money, and it was confused as to who was borrowing the money.
Still, I am disturbed at how many people play fast and loose with the law and contracts, as if they are free to make up the rules as they go along.
I collect debts for big companies, and I guarantee that the same company will be arguing that a contract must be followed to the letter when they want to enforce it, but will play fast and loose when it suits their desires. I find that sort of hypocrisy disgusting.
I would say that under those circumstances, the employer has probably made a GIFT to the co-worker whom your step-daughter owes the money to. THe reason I say that is because the company STILL owes the paycheck to the boyfriend.
Now, the arrangement you describe is often used at the REQUEST of an employee. If the boyfriend ASKED to "assign" the paycheck to pay a debt, it would be entirely proper for the employee to do so. But to do so WITHOUT permission is entirely unauthorized.
The boyfriend could go to the clerk of the general district court and sue for his paycheck,
regardless of whether the employer already paid
it to the other co-worker. The boyfriend can
fill out a "Warrant in Debt." He is entitled to the money regardless of what the employer says they did with it.
However, it could get messy if they say that the boyfriend also owed the money and they honestly believed that the boyfriend was borrowing the money.
But any company that fires someone becuase they give a notice that they are quitting sounds like a company that needs to get sued (if they are ever to grow into better people).
Also, the employer could probably turn around
and sue your stepdaughter, by standing in the
co-worker's shoes. THey could say that they
"bought" the debt and have a right to collect it
from the stepdaughter in the co-worker's place.
But they cannot take the boyfriend's money to do it.
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