Legal Question in Credit and Debt Law in Minnesota

A person is overpaid by the place of empoloyment. Is it legal for the employer to garnish the entire paycheck until the overpayment is completely paid back?


Asked on 12/14/09, 10:00 am

1 Answer from Attorneys

David Anderson Anderson Business Law LLC

Need more details.

Normally, an overpayment would subject employee to normal debtor/creditor rules, i.e. Employee now owes Employer money. Employer should demand return of money. If Employee does not, employer could sue and enforce a judgment by all means allowed by law, including garnishment, which has certain limits and restrictions, as well as statutory procedures which must be followed.

In other words, NO.

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Answered on 12/19/09, 11:57 am


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