Wage Garnishment

Anonymous · ‎05-05-2015

We just received a letter in the mail from Daniels, Norelli, Scully and Cecere (they have a default judgment that I am trying to negotiate with them.) The letter is for my employer and it states that we were served with an Income execution letter on Nov 10, 2014 by the Westchester County Sherriff. (I asked around and no one has seen such letter) They say that they have been informed by the Sheriff that we failed to make and remit deductions from my paycheck and tat they are advising theur client (idk who that is) to commence action against the company. Then it says to contact the office and that we have 10 days to do so.

How do we, as a company, proceed with this? I am in negotiations with them but I do not want anything to happen against the company in the meantime. No one here has seen any paperwork from the Sheriff.

Anonymous · ‎05-05-2015

How big is the company you work for? Whom did you ask? Does the company outsource its payroll? Does the law office have the correct company address?

You can try to negotiate all you want, they have a court order to collect, and its sounds to me like they are not interested in negotiating.

Anonymous · ‎05-05-2015

@Anonymous wrote:
How big is the company you work for? Whom did you ask? Does the company outsource its payroll? Does the law office have the correct company address?

You can try to negotiate all you want, they have a court order to collect, and its sounds to me like they are not interested in negotiating.

The company has approximately 12-15 people. I asked the receptionist (who receives all mail) and my boss. Yes we outsource our payroll and yes they have the correct company address.

Rgardless if they want to negotiate or not, who do we (as a company) contact about this? The last time I spoke to them they told me they wouldn't send us anything from the Marshall. That seems backwards since they Marshall is who executes the wage garnishment. It seems like our company contacting the law office is not going to be of much help.

Anonymous · ‎05-05-2015

Procedures vary from state to state, but in general the garnishee is sent a copy of the garnishment order that goes to the employer. Your employer is also required to send you a copy of it as well. If neither you nor the company received anything in november, then someones got their wires crossed at the law office.

I would make a copy of the letter and hand deliver the original to your employer, so they have a heads up as to whats going on. Are you able to pay this and head off the garnishment?

Anonymous · ‎05-05-2015

@Anonymous wrote:
Procedures vary from state to state, but in general the garnishee is sent a copy of the garnishment order that goes to the employer. Your employer is also required to send you a copy of it as well. If neither you nor the company received anything in november, then someones got their wires crossed at the law office.

I would make a copy of the letter and hand deliver the original to your employer, so they have a heads up as to whats going on. Are you able to pay this and head off the garnishment?

+1. You're spot on, the OP should definitely head off the garnishment. Some employers don't take kindly to dealing with garnishment, and that could affect the OP down the line. Even an uncooperative judgement creditor will likely perk up to an offer of a prompt, large lumpsum payment to "satisfy" the judgement.

A cooperative jdugement creditor may gladly accept 50% or even much lower. However, in the OPs situation, try offering 60% and hope they accept or counter in the 75% range. Worth a try.

While on that, there is some potential downside risk to aggressively negotiating / not paying. They could try a bank levy at any time, so the OP should take precautions and/or work out a settlement soon as possible.