garnished spouses wages over collected above the legal limit! how to get it back? do we sue!?!?

[goodguy2]

Howdy,

 

Not sure where to start a complaint.  Spouses wages were attached a year ago at 10 percent of net wages.  After a few months, collection lawyer sent a dirty letter and told employer to pay 25% of gross wages and wanted all back payments now!  Employer took the back money from one paycheck, so spouse got like 20 dollars for 2 weeks work and spouse was broke for last Christmas.  Really sucked, caused fights etc   

 

Then employer continued to garnish at 25 percent of gross wages.  Just read the state statute and collections is only allowed to take 25 percent of a paycheck after taxes are taken out and employer is not to attach weekly wages below 30 times the minimum wage.  They did this a lot!  EMPLOYER VIOLATED A STATE STATUTE

 

So  do we go to state labor dept ask to get wages back from employer?  Or got to attorney generals office?  or sue employer  in civil court? FDCPA case federal court?

 

who do we sue?  and can we win?

 

FYI Employer is a multi billion dollar company

 

AZ statute:

 

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01131.htm&Title=33&DocType=ARS

 

Arizona uses the federal wage collections law:

 

http://www.dol.gov/whd/regs/compliance/whdfs30.pdf

 

also attached............

 

 

 

[WhoCares1000]

You will not get any of the back wages as you should have realized this when it happened. If you try, the creditor will immediately lay claim on that asset and stop your spouse from getting the money back.

Your spouse however needs to go to HR with a copy of the garnishment law and explain to them that they are taking too much out according to the law. If that does not work, you can go to court against the creditor and request that they follow the law. Do not include the employer as they are really caught in the middle of this and have no choice but to follow the court orders.

[Guest usctrojanalum]

I respectfully disagree with @WhoCares1000, it is the employers responsibility to know and follow the law when it comes to garnishing wages.  It is the employers responsibility to understand how to calculate what is to be deducted and if there are any special exemptions.  This is not a creditor issue, this is an employer issue.  First, I would speak to someone in HR or the legal department and put them on notice you are disputing the amount they garnished.  The creditor is to rightfully assume whatever the employer sends them is the statutory amount allowed by law, they have no other way of knowing otherwise.

 

 Outline in a letter why they were incorrect and that you are requesting a refund of the over garnishment.  You made need to take this to the department of labor.

[goodguy2]

I respectfully disagree with @WhoCares1000, it is the employers responsibility to know and follow the law when it comes to garnishing wages.  It is the employers responsibility to understand how to calculate what is to be deducted and if there are any special exemptions.  This is not a creditor issue, this is an employer issue.  First, I would speak to someone in HR or the legal department and put them on notice you are disputing the amount they garnished.  The creditor is to rightfully assume whatever the employer sends them is the statutory amount allowed by law, they have no other way of knowing otherwise.

 

 Outline in a letter why they were incorrect and that you are requesting a refund of the over garnishment.  You made need to take this to the department of labor.

Thank you for the reply

 

Yeah,  that is the course i was going to follow.  nice t see someone has the same line of logic.  any more ideas would be greatly appreciated

[goodguy2]

You will not get any of the back wages as you should have realized this when it happened. If you try, the creditor will immediately lay claim on that asset and stop your spouse from getting the money back.

Your spouse however needs to go to HR with a copy of the garnishment law and explain to them that they are taking too much out according to the law. If that does not work, you can go to court against the creditor and request that they follow the law. Do not include the employer as they are really caught in the middle of this and have no choice but to follow the court orders.

thanks for the reply!

[admin]

I might get a lawyer involved to write your company HR department.  

[goodguy2]

I might get a lawyer involved to write your company HR department.  

Thank you, good advice!  Unfortunately we are broke    Was hoping a state government department might be able to help since the employer violated a state statute.  Not sure where to start.  God knows government employees do not want to work.  Catch 22 !

[Guest usctrojanalum]

The fact that they left your paycheck with about $20 for 2 straight weeks is shocking to the conscience, that is very highly illegal.  It's a shame you can't have an attorney look at this for you.

 

Maybe try calling your local bar association.  My local bar association has a referral program that is set up to help people with little or no money who need legal help.  Also your bar association should be able to tell you if there is a legal aid society in your geographical area.   

 

If that all fails, I'd place a phone call to any law schools in your area.  There is a law school located in my county where 3L's (third year law students) must do pro bono work (under the supervision of a licensed attorney of course).  Maybe see if any law schools in your area offer that type of community program.

[admin]

Thought of calling your state AG's office?

[goodguy2]

The fact that they left your paycheck with about $20 for 2 straight weeks is shocking to the conscience, that is very highly illegal.  It's a shame you can't have an attorney look at this for you.

 

Maybe try calling your local bar association.  My local bar association has a referral program that is set up to help people with little or no money who need legal help.  Also your bar association should be able to tell you if there is a legal aid society in your geographical area.   

 

If that all fails, I'd place a phone call to any law schools in your area.  There is a law school located in my county where 3L's (third year law students) must do pro bono work (under the supervision of a licensed attorney of course).  Maybe see if any law schools in your area offer that type of community program.

 

Great Idea.  ASU  has a huge law campus.  I hear it is pretty good.  Did not know you could ask for something like this.  We will give them a ring. Thanks!

[goodguy2]

I have met the state AZ AG he is pretty worthless, pure politician.  Evrything he does is a ploy to get nomination for Governor.  He is not there for the people, he is there for himself.  But we will give them a call, can't hurt.  From reading websites, I think the AZ  Corporate division somehow is responsible for this stuff.  We will cal them too.

 

 

 

Thought of calling your state AG's office?

[CG in TX]

 

I have met the state AZ AG he is pretty worthless, pure politician.  Evrything he does is a ploy to get nomination for Governor.  He is not there for the people, he is there for himself.

I am shocked...shocked, I say.

 

That being said, one thing you might want to consider would be the reaction of her employer to being zinged either by the Department of Labor or an attorney.  While I am not saying there would be any adverse action, it is possible.

[goodguy2]

I am shocked...shocked, I say.

 

That being said, one thing you might want to consider would be the reaction of her employer to being zinged either by the Department of Labor or an attorney.  While I am not saying there would be any adverse action, it is possible.

 

Yeah I hope they take it seriously.  We are going to call the ASU legal campus and ask if there are any students that can help.  It is Christmas break right now. 

[admin]

There's gotta be some free legal advice out there somewhere...

[BV80]

@admin

 

Legal aid is one. 

 

One can also contact the Lawyer Referral Service at their state bar association.  In my state, if I get the name of an attorney from that service, the attorney will provide a consultation at a reduced rate.  It doesn't hurt to see if the same would apply in other states.