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Indiana Employer started garnishment without court order Indiana

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  • Indiana Employer started garnishment without court order Indiana

    Need some advice on what to do.. Story is I had a judgment back in 2007, got summons in December than I was to appear in March for garnishment proceedings. Now a summons got sent to my employer also who is in another state. The payroll department had no idea what it was so they called the law firm (plaintiffs) and they said it was a garnishment order and to take $xx out and so on.

    Soo question is did this law firm have the right to do that? Everything I've read says it has to be a court order in Indiana. Was there any laws broken by them doing this?

    Thanks in advance for and help !!

  • #2
    That is my understanding as well. Contact the state DOL and see if they can help you relative to an unallowable deduction.
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    • #3
      That's my understanding also. It has to be a court ordered garnishment.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Agreed with Patty. Just to be clear, does a lawyer have a right to make false statements that benefit their client? Sure, as long as they are not in court. Lawyers lie all the time. I can think of lawyers who were dumb enough to actually put false statements in writing to the payroll department (me), which I then sent to the judge, which caused some very interesting back pedaling by the lawyer.

        I will say that if there is an actual judgment, then it is only a matter of time until the court order comes in. If I was in your payroll department, I would not take the word of the law firm on pretty much anything, but I would tell them to call the court and get the court to issue the order.

        Now whether or not IN allows a CO creditor garnishment to be valid is something that I do not know the answer to. IN is not my state. I do know that different states do indeed have different rules on this. I can say that creditor garnishments are much more likely to be problematic then CS orders are. If the lawyers had told me that IN requires me to honor a CO order, I would have asked them for a hard legal reference (anything is possible). But other then the hard legal reference which backs them up, I would tell them to get an IN court to issue an IN order.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          In. does allow creditor garnishment of wages. It's info in a loose leaf binder
          I have & there's too much info to type out.

          References I.C. statute 24-4.5-5-106, I.C. statute 24-4.5-5-105, 24-4.5-5-106 &
          24-4.5-5-202.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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