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Garnishment question....

Started by dipper, Feb 10, 2005, 02:37:25 PM

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dipper

Soc,

My hubby filed a garnishment against his ex in early November.  In December, the clerk told him it was served, but the employer had not sent anything - and that we will not know for sure until May.  The employer is out of state, ex works in state.

Okay.....you had suggested that hubby could directly contact ex's employer to find out if garnishment had been received at headquarters.  He wrote a letter with a copy of garnishment and received no reply.

Then the lawyer he had recently told him that he had every right to know and to just hound the employer until he got a reply.  This was after a subpoena served at her job was not received at headquarters.

So, hubby sent out another request in January concerning this - just wanting confirmation that it was received, asking nothing more(and stating that he does have a right to know).  The head of the corporation has sent the following reply........

"I regret that we have no information to offer you concerning your request.  Without a specific written release from XXXXXXX we are not legally able to release any information concerning her employment."

Soc, I realize that he does not mention garnishment - so if they do not comply there is no proof that the company had knowledge beforehand....(and my husband did not ask if she was employed - only if the garnishment was received).....

1)  Is there anything prohibiting this information?


2)  IF not, then is there anything else my hubby can do short of waiting?  We already know that she did not turn in a legal subpoena in January - and the company ignored that.........


socrateaser

>1)  Is there anything prohibiting this information?

I'm pretty sure that I recommended that you send your letter via fax and via certified mail so you would have proof that you contacted them.

If you don't get your money after the time period expires, then you have proof that the employer was on notice, and you should be able to bring the employer in on a contempt charge.