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Employer's Responsiblity In Writ of Garnishment New York

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  • Employer's Responsiblity In Writ of Garnishment New York

    I recieved a seopena for employment information on one of my employees from a collection agency for a credit card company.

    I sent back simply the "public access" information about the company, but did not release any personal information on the employee (addresses, direct deposit account info, etc.). There was some debate as to whether it was a real seopena, or just a big scare tactic type of form from the collection agency. I had called the phone number of the attorny listed on the seopena, and pretty much told them I would not provide any personal information, and the individual I spoke with said, "Oh, that's fine, we have all that information already, we were juts looking for confirmation." Huh?

    Should I, the employer, actually receive a court-ordered Writ of Garnishment, what is the process, and how do I proceed with it? I understand that there should be some form of "Answer Form" included in which I need to follow the directions and sent it back.

    But other than that, what would be the employer's responsiblity from there? I really really do not want to have my business end up entangled with this employee's personal debt issues.

  • #2
    NY garnishment

    In NY, if someone has a judgement against them the city/town marshall contacts the person directly and sets up payments. A cop literally shows up at your house to set up payments. There's a max of 10% of gross income, and only one creditor at a time, so usually employers in NY never even know when their employees are having their wages "garnished" because if you pay the sheriff voluntarily every month your employer never has to know. If the person does not pay within a certain amount of time then its up to the marshall to contact the employer to set up wage garnishment, again at the max 10% rate. Also, it is against the law in NY to fire someone just for having their wages garnished the first time, after the second wage garnishment you're free to fire them though.

    It almost never comes to that in New York State, most people have a tendency to pay the sheriff. Yeah if the letter was from a credit collector its most definitely a scam, they are just fishing around.


    • #3
      Update - Now More Complicated

      Update on the orginal post.

      It happened, the "Writ of Garnishment" came to our business for the above mentioned employee.

      Apparently what was happening is that this employee was directly paying the sheriff as the PP mentioned. That was, until the employee moved, and didn't tell the sheriff where they were moving to.

      This employee quit our business to move to PA back in January. The only reason I know they moved to PA is because I had to forward their W2 to them.

      I know our business can be held responsible for the employee's debt if we do not comply with the "Writ of Garnishment." The "Writ" wanted us to deduct 10% of the employee's net wages, then send a once a month business check to an indicated address until the $1700.00 some odd dollars amount owed was paid in full.

      Do we now need a lawyer to tell them that this employee no longer works for us, or will writing a letter on business letterhead including their quit date be enough? It is alot of money, and I would hate to have to pull this former employee into small claims court to collect on money I know they don't have.


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