Legal Question in Civil Litigation in Alabama

Employer is not paying garnishment

I won a garnishment against someone. His employer said they were withholding. They didn't. He no longer works there. He received 2 checks after the employer said they were withholding. Now, the employer said they never kept anything out of his check they gave it all to him. I think they should have to pay me something. It's not my fault they didn't do what they were suppose to do. He got 2 checks that I should have got 25% of. I got nothing. What can I do? Can you help?


Asked on 3/10/06, 11:33 pm

2 Answers from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Employer is not paying garnishment

You can file a motion with the court for a conditional judgment against his employer for failing to withhold. If the employer filed an answer with the court that they would withhold and they didn't, the court will not be pleased with them. You should at least get a judgment against the employer for the two payments.

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Answered on 3/11/06, 8:45 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Employer is not paying garnishment

It is possible that you can get a judgment against the employer. You should consult with a local attorney to have all the documents reviewed.

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Answered on 3/13/06, 4:32 pm


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