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Brandon M.
Brandon M., Counselor at Law
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Experience:  Attorney experienced in numerous areas of law.
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Up until October of 2008 I was having my pay garnished by the

Customer Question

Up until October of 2008 I was having my pay garnished by the California SBE. I changed employers and provided them with a copy of the garnishment orders and they replied that it was not addressed to them so they didn't have to do it. I continued to make payments per the garnishment agreement. Recently the California EDD has delivered an EWO to my current employer. I contacted CSBE to provide information in regards XXXXX XXXXX original EWO that I have been complying with be sent to my current employer. My employer still attached the 25% against my pay. The paperwork for the original EWO stipulates that it is valid up to 12 months after I leave my employer. Can I get the original EWO reinstated?
Submitted: 5 years ago.
Category: Legal
Expert:  Brandon M. replied 5 years ago.
HiCustomer

So if I understand correctly, you struck a deal with the state Board of Equalization to garnish your wages with an earnings withholding order; after changing your job, you continued to make payments pursuant to the agreement/order, even though your new employer was not automatically withdrawing the payments from your paycheck. Now, there's a new EWO delivered to your current employer, and you want the terms of the original order to be instead be implemented with the current employer. The question is whether the terms of the original EWO can be enforced instead of the new one, correct?
Customer: replied 5 years ago.
YES
Expert:  Brandon M. replied 5 years ago.
Hi again:

I obviously can't see the actual written terms of the agreement, but it would be very much out of the ordinary if the original order could not be properly implemented. You continued to make payments as agreed, so there is not an issue of unclean hands here. In the absolute worst case scenario, based on what you have said, you could enforce the agreement by a court order pursuant to California Code of Civil of Procedure, section 473(b) saying that you didn't do everything exactly right, but any mistake was understandable and in good faith and you should not be penalized.

So yes, based on what you have said, the original EWO can and should be implemented.

Let me know if more information is needed, and please remember to click "accept". Thank you.
Customer: replied 5 years ago.
Is this a choice my employer could make or will I need to take a differant avenue?
Expert:  Brandon M. replied 5 years ago.
Hi again:

I need clarification, is "what" a choice your employer could make?
Customer: replied 5 years ago.
Can they choose to garnish my wages per the original EWO or do I need to pursue this through the second EWO?
Expert:  Brandon M. replied 5 years ago.
Does the new order say anything about previous, conflicting orders?
Customer: replied 5 years ago.
NO
Expert:  Brandon M. replied 5 years ago.
Hi again:

it seems pretty clear then that the SBE made an oversight with this new order. The employer needs to determine for themselves which order is enforceable--they could be sued by you for taking too much, or sued by the SBE for taking too little. Frankly, based on what you have said, "up to 12 months" is not the same as "for 12 months", so I would suspect (without seeing either order) that the courts would find the 2nd order to be the enforceable one.
Customer: replied 5 years ago.
It was stated "for 12 months" does this help?
Expert:  Brandon M. replied 5 years ago.
Yes it does. Again, I am at a disadvantage because I cannot see any of these documents, but I would expect (based on what you have said) the first order to trump the second.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience: Attorney experienced in numerous areas of law.
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Customer: replied 5 years ago.
I have had no luck resolving this matter through normal channels. I went to the court house and asked to be put on calender with no success. The clerk at the court house informed me I would need to file a case and have all parties served, then proceed as required. Can I reslove this matter without increased expenses/or?
Customer: replied 5 years ago.
I have attempt to resove this matter through normal channels with no success. I went to the court in an attempt to see the judge and was denied. I was informed by the court that I would need all of the proper forms and documenetation submitted to the court. Send notice to both EDD and SBA and have them appear in court also. If that is the case I will have to hire a lawyer. What can I do?

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Brandon M.
Brandon M.
Attorney at Law
6340 Satisfied Customers
Attorney experienced in numerous areas of law.