can a boss garnish wages if she cant justify the garnishment what can i do?
402500
Contact the DOL (Department of Labor)at www.dol.gov.\n\nAn employer can not take out garnishments or overpayments from your pay without written consent from you.
278256
They can harass you for the statue of limitations(usually 7 years).  However if they sue you and win a judgement that will reset the statue of limitations and they may get your wages garnished.\n\nHopefully your situation is temporary.  If it is explain it to them and work with your creditor to get back on track.
203714
there are a few things you can do: go to the court house and get a garnishment /execution paper and run a cash drawer levy on them. other than that since you are in cali the laws might be different but you could also run a asset levy against the co. checking acct if you can find it
639087
Yes, but it would have to be small claims court. Make sure you bring all the paper work you can muster up, especially your child's statement, the fact that the DA couldn't proceed.. and that you did indeed lose 2 weeks for work because of her. And some pay stubs to prove how much you would have made. Mention your feelings, how it embarrassed you at your work/or in front of your boss.(Don't dramatize it though, just mention)!\n\nYOU CAN SUE FOR SLANDER AND DEFAMATION OF CHARACTER.- because you lost work because of her, I think your chances are very good. I wish you luck!
888136
The court can order garnishment, if the person doesn't pay on their own. What you could do is petition the court for such an order, and explain why it's necessary.
793339
1) Document everything \n2) Write a letter to them with the information detailed with dates - requesting to meet with them to resolve the matter, with a deadline for the meeting, note in the letter that you have consulted a lawyer would like to resolve the matter with one if possible.\n3) Check into small claims courts\n\nOr you can take the pissed off aproach and send them a letter and tell them if they don't pay-up, the unethical treatement of you will be reported to the BBB, show up in papers and you might decide to picket as well. \n\nEither way the letter with details is the most important as well as consequences if they do not follow-up with you.  Make sure what ever consequences you set - you follow-up on.\n\nGood Luck!  Go get your Money!!
74584
If you've discovered all you can about the defendant's assets but can't convince him to part with any, the law has more drastic remedies up its sleeve: \n\nGarnishment. If the deadbeat has a job, or a checking or savings account, you can "garnish" assets from any of these. Garnishment allows a creditor to claim money owed and set up a payment plan. For instance, a portion of the debtor's weekly paycheck could be earmarked by his employer to be paid directly to the debtor. Things which can't be garnished include unemployment checks, social security payments, workman's compensation and welfare benefits. \nLiens. If the judgment debtor owns any real property, you can file a lien on it through the Court Clerk's office, with a copy to the County Treasurer's office. When the property is sold, you recover the amount owed. Liens need to be renewed every five years. \nWrit of Execution This is a more drastic remedy whereby a judgment creditor can seize the judgment debtor's property, get it appraised, and sell it to satisfy the judgment. If you're planning to have the deadbeat's yacht sold at auction, you'll pay incidental expenses incurred to get to that point, but can normally recover expenses
972743
It varies from state to state, and I would recommend consulting with an attorney, but yes, the household income can determine the amount that can garnish from his wages, they usually don't garnish the non-parents income. Hold on, it's about to get bumpy.
1107906
Depends on your state laws. \n\nIn my state, NC, wages are not allowed to be garnished for debts unless it is by the government... taxes, student loans and child support.
223879
I have heard of no such law, and would be very surprised if one exists.  On the othr hand, a civil creditor never has the right to garnish someone's wages (wages can generally only be garnished for child support or student loans).
540652
Yes, if you have bills that are not paid, and they go to court and win a judgement, the court can allow an garnishment of your pay check, and an attachment of any money you have in any bank accounts.
770413
I assume this question is for a jurisdiction within the United States.  Answer:  Generally speaking No - when a monetary judgment is rendered against you in a civil dispute, the party that won the judgment has to go back to court to obtain a lien against a tangible asset you own, or have your wages garnished - if you do not pay the judgment within the time allotted.  State law may control what comes first in terms of what the plaintiff can do to get their award out of you.  They may try bank accounts first, then wage garnishment, then asset liens or some combination of these things.  Rules vary by State.  In some States it's a crime to try to hide your assets from such a judgment once it's been issued by the Court.  Currently, I am not aware of an 'automatic' lien scenario where your assets are frozen on the spot for a civil case.  That doesn't mean it can't happen.  Criminal cases are another matter.\n\nIf you have a good reason for not appearing at the hearing, you may able to have the judgment set aside and get a new trial, but you have to have a really good reason for not showing up, and of course, you have reason to believe you are not at fault in the dispute.  You already stated you were served but failed to appear, so you can't argue you didn't know about the hearing date.  \n\nAt the end of the day, you need to consult with a lawyer to see what your options are.  Most lawyers will give you an initial consultation for free.\n\nThis post is for general information only and is not and should not be construed as legal advice - consult a qualified lawyer in your State.
1032434
I would go to my boss and ask why the money was taken out. I would also ask him as a courtesy to please notify me in advance if my paycheck was going to be short for any reason so as not to screw up my bill payments and other expenses.\n\nIf I was not happy with my boss's answer, I would hire a lawyer and claim that I was constructively dismissed.\n\nThen I would sue the company.
668672
Yea they can. States laws are different but here in Alabama.  First they will serve you with papers.  You can either go before the judge and plead your case (which I recommend) or do nothing and the company will get default judgement on you.  Once they get that after 14 days they can file for garnishment and take 25% of your paycheck until the debt is paid.\n\nGo in front of a judge and plead your case.  Its the only shot ya have.
764662
Here is the link for information for indiana wage garnishments\n\nhttp://www.bcsalliance.com/debt1_indiana.html\n\nHere is the link about laws and statues for federal wage garnishments\n\nhttp://www.bcsalliance.com/ccpa_15usc1673.html
1142101
Temporarily.  It depends on the Chapter you are filing under and the purpose of the garnishment.
204058
A legal judgment has to be filed against you in a court of law.  Depending on what the garnishment is for (child support, failure to pay a bill, etc.) a copy of the garnishment order is to be delivered to your employer by the county sheriff, and then the employer is to notify you of the action.