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You’ll need to respond filling out and filing with the court, and copying the plaintiff and defendant this answer/affidavit . You'll likewise have to make the appropriate withholding and forward them to the court. Otherwise you risk your company being held liable.
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Why is it that an employer has to take the time to do this? I have no interest or responsibility. What is the correct way to fill out this affidavit and how do I file with a court? I wish I had time for such things but I do not. My only responsibility is to hand this over to our employee and tell him to take care of this as it is not our debt. Please explain why we have any responsibility at all.
If you want to ignore it or give it to the employee to “take care of” that’s certainly your decision to make…but you’ll be risking yourself more problems than you resolved…namely having to go to a deposition or court hearing(s) later. I understand it is not your problem, but the law of your state requires employer’s of such persons to withhold wages in this manner. The law I cited above is directly quoted from your state’s laws and it confirms my opinion that, if you do not comply with the garnishment, your company itself can be held liable for the debt. If you give it to the employee to fill out and file, you put your company’s liability in his/her hands.
I chose to fill in #5 with "Bob Bartley Electric, Inc. is not indebted to plaintiff and has no liability to withhold any garnishment from Michael Becker, defendant. I will mail this to the Oklahoma county District Court Clerk and the attorney for judgment creditor.
If you owe a wage to the person, then you are indebted to him/her…just so you know. I’m not telling you what to do or how to operate your business.
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I wrote that I am not indebted to the plaintiff. (My employee is the defendant in this matter). and that I have no liability to withhold any garnishment from my employee, the defendant.
Great, hopefully that will conclude the issue with the court and plaintiff. Have I sufficiently answered your questions today?
Well I hope so. I'm not an attorney. Just trying to stand up for my rights as an employer. Employers are not responsible for their employee's debts neither are they responsible for their employee's child support, etc. I could be a much more effective employer if I did not have to babysit my employees!
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