Is It Legal For An Employer To Block Wage Garnishment On Behalf Of An Employee Request?

[laicisms]

Is It Possible For Any Employer To Block All Attempts To Garnish Wages By A Collection Agency At The Request Of The Employee?

 

[depeople]

Garnishment is a legal process served on the employer, not the employee. Actually the employee has no recourse unless the alleged uncollected debt has been paid at which time the employee gives proof of this to the collection agency. Also, garnishment has a pecking order, and federal garnishments, e.g., for back taxes, will go the head of the line. Hope this helps.

The one way to end a garnishment is to negotiate a payment plan with the collection agency (or, preferably the organization that sent the bill to collection...the collection agency takes a fee and makes the fee higher) and it will not then come directly out of wages. Hope this helps.

 

[hierarchy]

If the duly-appointed judge receives the evidence of indebtedness and non-payment combined, the judge is authorized (by law) to appoint other means to force the debtor to pay. One of those methods (very commonly) is wage garnishment. The proper court procedures & paperwork are completed and shown to the personnel dept. and the wage garnishment proceeds. Your question, therefore, is whether the employer may obey you instead of the judge. Think about it: you are merely an employee, and a dispensable one at that; the judge can throw him in prison for contempt of court (refusal to obey the judge's orders.) You can ask, but he'll refuse. If you push it, he'll likely fire you; then he won't have to garnish anyone's wages.

 

[Scott]

The only "collections agency" I know of that can go directly after wages is the Attorney Generals office for Child Support. If that's what you are trying to block you can forget it. Your employer will indeed send the money.

 

[imported_rickinnocal]

A garnishment is a court order. An employer who does not abide by it faces legal penalties himself.

Richard

 

[whitefangz1]

An attempt by your employer to block your wage garnishment is actually a criminal offense. If your employer does not comply, the courts will ask your employer why no payments have been made and is likely to charge them with contempt of court.
The only way to block or dispute a wage garnishment is for the employee to file a hardship request with the courts claiming that the wage garnishment is resulting in a financial hardship.