? for the lawyers

[LadynRed]

There is a woman in KY who has a judgment against her for a CitiBank debt. A writ of garnishment as been served upon her employer. From what she says, I, personally think her employer's clueless, but....

At first her employer told her the garnishment order was for 75% of her earnings. I told her that that was totally wrong and the max allowed by state and Federal Law was 25% or 30x the fed minimum wage. Apparently the employer wised up and now has the correct 25%.

Her employer also told her that if it weren't for something in the garnishment order papers, the employer would FIRE HER for this. I told her that Federal law PROHBITS an employer from firing you because of 1 garnishment.

Now.. here's the kicker - her employer told her that she CAN'T QUIT because if she does she'll be found in contempt of court and serve 11 months in jail !!!!

I have never heard of this, and I cannot find anywhere in the KY statute where this could happen. Have any of you ever heard of such a thing ??

Her employer told her she cannot have copies of the papers, she's 'not allowed ' to even show them to her. It was MY understanding that a writ of garnishment must be served to the garnishee along with a form for claiming exemptions. Why would she not be allowed to even see these papers if its HER wages that are being attached ??

I just don't understand the threat of jail if she quits for a CREDIT CARD debt - that's literally FORCING her to stay in this job - its absurd !

Ideas, opinions or input anyone ??

[sisflomi]

Her boss is just playin her real good here. The employer is obligated to send her a copy of the garnishment papers. It does not come from the court nor the creditor. I could fax you a copy of one so you could read it for yourself.

There is no way in H*** that she would go to jail for quiting her job. The only one that would get in trouble over the garnishment would be the employer if they didnt follow through with it. She has nothing to worry about at all. Let me know if you want me to fax this to you, pm or email me with your email if you do.

[sisflomi]

Here is a quote off of a garnisment paper. Of course, its for MI, but they should be pretty standard for each state.

To the plantiff: You must provide all copies of the disclosure form (MC14), 2 copies of this writ, and a 6.00 disclosure fee for serving on the garnishee. You are responsible for having these documents served within 91 days.

To the defendant:

1. You have 14 days after this writ is mailed or deliverd to you to file objections with the court. If you do not take this actions within this time, without further notice, periodic payments due to you may be withheld for as long as 91 days after this writt is issued directly to the plantiff.

To the garnishee:

1. Within 7 days after you are served with this writ, you must deliver a copy of this writ to the defendant in person or mail a copy to his or her last known address by first class mail.

2. Within 14 days after youare served with this writ, you must deliver or mial copies of your verified disclosure (form MC14) to the court, plaintiff/attorney, and defendant. A default may be entered agaisnt you for failure to comply with this order.

3. Do not pay any obligations to the defendant unless allowed by statue or court rue.

4. If indebted, withholding must begin according to the court rule. Unless notified that an objection has been filed, 28 days after you are served with this writ you must begin forwarding withheld payments.

[LadynRed]

Thanks Sis

You're thinking along the same lines I am - I think its the EMPLOYER who could be charged with contempt for failing to follow thru and contempt comes with jail time.

I'm waiting for the woman to post back with answers to a couple of questions. I think this employer of hers is jerking her around and flat out lying to her !!

I'll post back here, others could benefit from the info down the line. I think we're dealing with bad employer here.

I'm off to go prowl thu the KY rules of civil procedure.

[sisflomi]

You go lady, and don't let him get away with this.

Does this mean she could tape record him in KY? If so, maybe she can set him up and get his butt in some major trouble.

Ky. Rev. Stat. Ann. § 526.010: It is a felony to overhear or record, through use of an electronic or mechanical device, a wire or oral communication without the consent of at least one party to that communication. Ky. Rev. Stat. Ann. § 526.020.

Anyone who inadvertently hears a conversation transmitted through a wireless telephone on a radio receiver does not violate the eavesdropping statute, but if that same conversation is recorded or passed on to others without the consent of a party to the original conversation, a violation occurs. Ky. Att'y Gen. Op. 84-310 (1984).

Divulging information obtained through illegal eavesdropping is a separate crime, punishable as a misdemeanor. Ky. Rev. Stat. Ann. § 526.060.