Unexpected development - garnishment show cause

[dipper]

Hi Soc,

DH had a garnishment served on bm's place of employment.  This was in VA - headquarters for the employer are in NC.  We asked several times for confirmation from headquarters that garnishment was received as she was the manager of store.  Owner sent us a noncommitted reply that he could not disclose anything about her employment....Not what we asked for...

So, we certified mailed another letter telling him that it would be his company that was in contempt if the garnishment was not followed - we enclosed a full copy of served garnishment...

They didnt garnish her.  DH filed a show cause - and following your suggestions, we had this served to the registered agent.  

Today was the day -and no one showed.  DH said there was a letter as the judge read a letter that had the store's letterhead on it.  But, the judge was unimpressed - he did not give dh any relief as far as a fine.......The judge issued a writ of capias for the owner.........

Dh is to go back in three weeks.....

Any thoughts as to where this will lead?


Any chance of at that time asking the judge to fine the owner for all the fees and missed work his disobeying the garnishment has caused dh?


Thank you!

[socrateaser]

>Today was the day -and no one showed.  DH said there was a
>letter as the judge read a letter that had the store's
>letterhead on it.  But, the judge was unimpressed - he did not
>give dh any relief as far as a fine.......The judge issued a
>writ of capias for the owner.........
>
>Dh is to go back in three weeks.....
>
>Any thoughts as to where this will lead?

LOL! I'd say you're doing pretty well. A writ of capias is a civil arrest warrant. Whom does the writ direct the sheriff to arrest and bring before the court?

[dipper]

Soc,

The judge issued the warrant for the owner of the store chain.  I think this chain is primarily within 2-3 states, expensive hobby toys, and I am thinking about 8 stores total.....  At this point, it just feels good to know that whatever happens from here on out, maybe they will think twice before ignoring a court order from now on....

DH didnt even have to speak at the hearing yesterday....

I asked dh if he went by to see the clerk who had told him he would just look stupid trying to serve a show cause on this company....he didnt...I guess its for the best.  

By the way - I told dh this is better than money...LOL