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Ray
Ray, Lawyer
Category: Legal
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Experience:  29 years in civil, probate, real estate, elder law
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Is it legally required to garnish employee wages if the paperwork

Resolved Question:

Is it legally required to garnish employee wages if the paperwork received is not from a court or a public agency??
Submitted: 3 years ago.
Category: Legal
Expert:  Ray replied 3 years ago.

RayAnswers :

Thanks for your question and good morning.

RayAnswers :

Can you give me more information about what you did get here regarding garnishment???

Expert:  Ray replied 3 years ago.
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Expert:  Ray replied 3 years ago.
.
Customer: replied 3 years ago.
I received an "notice to employer" that a "Pay Day Loan" had not been paid and that we were to comply with the "Wage Assignment". It was less than 30 days old and the employee asked to pay in full the $396... and they said he couldn't. The Flobridge company looks like they are (according to the paperwork) they were charging 782.14% annual percentage rate. And... the amount had doubled in less than 2 weeks... this looks fishy and the employee is paying the total amount due this week. As a company, are we required to garnish employees when the amount is a personal agreement and the demand for wage assignment is not through a court order or a government agency???
Expert:  Ray replied 3 years ago.
Thanks for the information here.You are correct that unless there is court judgment and order of withholding here you are not legally obligated to withhold this.Here is the law in California for reference.

An employer can lawfully withhold amounts from an employee’s wages only: (1) when required or empowered to do so by state or federal law, or (2) when a deduction is expressly authorized in writing by the employee to cover insurance premiums, benefit plan contributions or other deductions not amounting to a rebate on the employee’s wages, or (3) when a deduction to cover health, welfare, or pension contributions is expressly authorized by a wage or collective bargaining agreement. Labor Code Sections 221 and 224. Although a wage garnishment is a lawful deduction from wages under Labor Code section 224, an employer cannot discharge an employee because a garnishment of wages has been threatened or if the employee’s wages have been subjected to a garnishment for the payment of one judgment.


You are correct here that they are trying to fool you into garnishing this.The proper response here on your part is to return it to them asking if they have such judgment and court order of garnishment otherwise you have no authority to do so.In fact you might be liable for wrongful garnishment if you did so.


Reference for you here

http://www.dir.ca.gov/dlse/faq_deductions.htm


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Ray, Lawyer
Category: Legal
Satisfied Customers: 29973
Experience: 29 years in civil, probate, real estate, elder law
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Ray
Ray
Lawyer
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29 years in civil, probate, real estate, elder law