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Author Topic: Hey Soc! Somthing a little different  (Read 1278 times)

VeronicaGia

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Hey Soc! Somthing a little different
« on: Dec 06, 2005, 12:28:52 PM »
Court order is in CA, I am in MI.

MI employer withheld over $1,000 in child support but sent checks to CA support on an account that was closed, therefore they bounced.  I no longer work for that employer since I have been diagnosed with a muscle disease and have been paying on my own.

I've read CA Family Codes 5235 and 5241 where it says I cannot be held in contempt, and that CA can take money directly from the employers account if money is withheld but not sent.  Also, in MI, this is considered a federal crime, fraud by conversion, which the employer has already been charged with by three others to whom he did the same thing.  He did not show up to any court dates and nothing has been done.

1.  How do I notifiy CA (San Diego County) that this money has been taken but not sent?

2.  Are paystubs showing the garnshment proof enough for the county?

3.  How do I get CA to try to get this money from the MI employer?

4.  Is this something I can do myself, or is an attorney recommended?

5.  Not sure if you can answer this, but is it worth pursuing the federal crime in MI as proof to CA that this money has been garnished?

Any other suggestions you offer are always welcome, and thank you very much for any response you offer!


VeronicaGia

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Hey Soc! Somthing a little different
« Reply #1 on: Dec 06, 2005, 12:28:52 PM »
Court order is in CA, I am in MI.

MI employer withheld over $1,000 in child support but sent checks to CA support on an account that was closed, therefore they bounced.  I no longer work for that employer since I have been diagnosed with a muscle disease and have been paying on my own.

I've read CA Family Codes 5235 and 5241 where it says I cannot be held in contempt, and that CA can take money directly from the employers account if money is withheld but not sent.  Also, in MI, this is considered a federal crime, fraud by conversion, which the employer has already been charged with by three others to whom he did the same thing.  He did not show up to any court dates and nothing has been done.

1.  How do I notifiy CA (San Diego County) that this money has been taken but not sent?

2.  Are paystubs showing the garnshment proof enough for the county?

3.  How do I get CA to try to get this money from the MI employer?

4.  Is this something I can do myself, or is an attorney recommended?

5.  Not sure if you can answer this, but is it worth pursuing the federal crime in MI as proof to CA that this money has been garnished?

Any other suggestions you offer are always welcome, and thank you very much for any response you offer!

socrateaser

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RE: Hey Soc! Somthing a little different
« Reply #2 on: Dec 08, 2005, 05:24:03 PM »
>1.  How do I notifiy CA (San Diego County) that this money has
>been taken but not sent?

Send them a certified letter and ask them for advice. Maybe you'll actually get something useful from them. LOL!

>2.  Are paystubs showing the garnshment proof enough for the
>county?

If I were the DCSS staff attorney, that certainly would be good enough for me.

>
>3.  How do I get CA to try to get this money from the MI
>employer?

See above.

>
>4.  Is this something I can do myself, or is an attorney
>recommended?

An attorney is always recommended, however, I'd wait until DCSS weighed in. They may try to push it back on you and make you go after the dough. Hard to say.

>
>5.  Not sure if you can answer this, but is it worth pursuing
>the federal crime in MI as proof to CA that this money has
>been garnished?

Well, if you're thinking of going to the U.S. Attorney Office and filing a complaint, I can practically guarantee that they're gonna do absolutely nothing. The statute may provide you with some protection, but you'll need to contact the local county prosecutor where the business that stiffed you is located, to get any enforcement.

VeronicaGia

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RE: Hey Soc! Somthing a little different
« Reply #3 on: Dec 09, 2005, 05:50:25 AM »
"Well, if you're thinking of going to the U.S. Attorney Office and filing a complaint, I can practically guarantee that they're gonna do absolutely nothing. The statute may provide you with some protection, but you'll need to contact the local county prosecutor where the business that stiffed you is located, to get any enforcement."

Yes, I would go to the Macomb County (MI) Prosecutor.  The total garnished but not sent is $1,254.33, which is over the $1,000 to make it a felony instead of a misdemeanor.  This will be the third case filed against the same employer, with a forth ready to be filed.  He didn't show up for the first two and there are warrants out for his arrest, but there's really been no movement on those warrants because while he's still in business, he doesn't have a stable place to work out of.  He's met on jobsites by his employees.  I am in the process of getting one of the employees to give me a copy of his paycheck so I can get the company's bank name, routing number and account number to ask San Diego County to do an electronic funds withdrawl.   Just trying to get all my ducks in a row.

Thank you!  Glad to see you're doing well.

 

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