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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99465
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My daughter was briefly employed by my S-corp in 2010 but not

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My daughter was briefly employed by my S-corp in 2010 but not since.

My company has been served by a collection service with a Motion and Order to appear (ex parte) in Municipal Court to provide an interrogatory. I'm being asked as its agent to prove that she has not received any payments and respond to a garnishment order against her and the company.

The amount involved is about $500. How should I respond? It's hard to prove a negative!
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me what entailed the original response? Was it simply a "she never received a check," or, was it a copy from that payroll, or something else?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

I was served with a Writ of Garnishment on 5/30. I responded to both the plaintiff and the Court that a) she is not an employee and has not been since 2010 b) no money is held for or owed to her. This response was disregarded and judgement was entered. It has now been referred to a collection agency.


Thank you. You state that you have been served to appear in Court and provide documents, correct?
Customer: replied 3 years ago.

Correct - but what documents? There are no payroll records because there has been no payroll.


Understood. Now, the other party is attempting to claim that you do have said documents, they can claim this. However, them stating so does not make it so.

You replied that you did not have the document. They filed an equivalent of motion to compel to have you stand in front of the Judge and state this. A motion to compel is meant to compel a party to produce evidence if they "refuse." But if one does not have it, it is not refusal, but simply inability.

If someone in your situation is asked for "Document XYZ" and they do not have "Document XYZ," then they simply do not have it. One then shows up at the designated time and date and states "I do not have this document" under oath. If this is done, then the Court is generally satisfied after a few questions by the Judge/opposing counsel and this matter is dropped. The only caveat is that if there is such a document, and it is found later on, this may be seen as being untruthful to the court which may be cause for contempt.

However, all one has to do is to show up and repeat what was stated originally - "no such document exists." The onus is on the other party to prove otherwise, which they likely cannot.

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Customer: replied 3 years ago.

If I decided to settle without having to make a court appearance, how would I go about doing that? Would there be any repercussions?


If I decided to settle without having to make a court appearance, how would I go about doing that?

This is done by making an informal offer to the other party. This is done by either calling them, or sending a letter. This is not unusual and many cases get settled out of Court. See here for an example.

Would there be any repercussions?

No. Settlement negotiation attempts are not admissible in Court and cannot be used against the party! This is done so the settlement negotiation can be done without fear of said repercussion.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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