Garnishment Summons ?

[dipper]

HI Soc, thank you for all the help you give to me.  

We are in Virginia.  BM owes me money, court ordered for a joint debt which I paid.  Filed garnishment last year - which you may remember I had to file a show cause against that employer. While I didnt get it all, I did get the portion I could prove her now ex-employer knew about.  

Now, she is working for relatives.  Filed garnishment and for some reason the clerk had it due in two months - received over $600.  Filed again, this time it had more than three months to be taken out - only received $400.  She is working same hours, so no reasoning as how an extra month could yield $200 less.

Considering filing a show cause against employer to find out if they withheld correct percentage.

Soc, if I do and they come up with paperwork that proves they withheld 25%, would I have to pay any additional court fees?


Would I be able to subpoena her pay records from employer for the past six months for general district court?

[socrateaser]

>Soc, if I do and they come up with paperwork that proves they
>withheld 25%, would I have to pay any additional court fees?

Doesn't the employer provide you with a calculation as to how the garnishment amount was obtained? If not, you could just write them and ask, like: "I would appreciate some assistance in reconciling the discrepancy between the two garnishments. If we can accomplish this in an informal manner, outside of court, it will save everyone unnecessary time and expense."

So, you're not-so-subtly warning them that if they don't explain to you how they came up with the amount, they will have to explain it to a judge.

Realize that if you take this tack, because you're dealing with relatives, you could them suddenly becoming extremely uncooperative. So, you'll have to make the call as to when you're gonna stop worrying about mutual cooperation and hold the line. You may just want to do nothing for a while and keep going after what you can get. I can't say.


>Would I be able to subpoena her pay records from employer for
>the past six months for general district court?

You can subpoena whatever you require to prove that the employer is playing hide and seek, as long as the documents are relevant to the debtor's wages.