Legal Question in Employment Law in Oklahoma
employer withheld final paycheck due to an unpaid personal loan
my employer made a personal loan to me and there was no written contract.i was paying her back a little each week.i quit my job and she withheld my final paycheck because i had not yet paid the personal loan from her off.is this legal?
2 Answers from Attorneys
Re: employer withheld final paycheck due to an unpaid personal loan
Normally, without a written agreement allowing set-off, such a loan could not be paid by seizing the paycheck without entering a judgment and garnishing to the limits set by law.
Call or email for more assistance.
There may be statutory penalties you can collect against this employer.
How much is at stake?
Re: employer withheld final paycheck due to an unpaid personal loan
Oklahoma specifically authorizes Post-judgment wage attachment. 12 -1151 et al.
Entry of judgment is a condition precedent to a wage attachment. 12 O.S. � 1151 (West 2000).
The judgment creditor has the option of a non-continuing wage attachment that lasts one pay period, or a continuing wage attachment that lasts 180 days.
75% of the debtor's wages are exempt from wage attachment 12 O.S. Sec. 1151.
Note: This 75% exemption could increase if the debtor establishes hardship.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
