Legal Question in Business Law in Virginia

Granishments

In a subcontracting situation --- the person who is the subcontractor has a rental garnishment (over a rental dispute between landlord and rentee) the judgement has been set and the original contractor was contacted by the courts to start garnishment on the subcontractor and the contractor handed the summons over to the subcontractor. At this I ( being the wife of the subcontractor) sent a letter along with a copy of the contract between the two to the clerk of courts. Some weeks later the contractor then recieved a ''rude'' call from the attorney of the foremnetioned landlord and the attorney demanded that the contractor start garnishment now or face jail time. He has start the garnishment and we are where to go to stop this as this is not the place of the contractor to garnish the subcontractor. And just for knowledge the subcontracto is responsible for his own taxes insurance and other employment ezpenses.


Asked on 10/11/03, 12:22 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Granishments

If the contractor owes money to the subcontractor, he is required to honor a garnishment summons. Using an independent contratcor relationship does not insulate you from garnishment; in fact, it could mean that 100% of what is owed you is due to be garnished, rather than the 25% of each check in an employment situation.

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Answered on 10/12/03, 9:38 am


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