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I have a tenant who is agreeing to a wage assignment of $661…

Customer Question
Hi Pearl. I have...

Hi Pearl. I have a tenant who is agreeing to a wage assignment of $661 per pay period for 6 months, to avoid the current eviction order and remain in the house. The money covers both her debt and rent for that period. How do we execute this?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Indiana. It is a small claims court eviction

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

She is a full time US postal worker

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Cost?

Submitted: 8 months ago.Category: Employment Law
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Answered in 1 hour by:
9/23/2017
Employment Lawyer: socrateaser, Lawyer replied 8 months ago
socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 39,908
Experience: Retired
Verified

Hello,

Under Indiana Code § 22-2-6-2, the contemplated wage assignment would be flatly illegal. Section 22-2-6-2 provides an express list of uses under which a wage assignment is permitted, and payment of rent or other debt is only permitted where the creditor is licensed under the Indiana Consumer Credit Act (e.g., finance lenders, etc.). Moreover, federal law would also prohibit the garnishment of the tenant's USPS wages -- without a court order. 39 C.F.R. Section 491.3.

In order to put some teeth behind your proposed transaction, you would either have to ask the court to enter what is known as a "confession of judgment," which means a court action separate from any eviction, for a specific amount of money that the tenant agrees is owed to you.

Or, you would need some other sort of collateral to protect your right to payment, such as valuable jewelry, collectible artwork, motor vehicle title, etc., that you would hold until payment in full is made.

Those are really the only options which can guarantee payment -- though, you could have the tenant set up auto pay from her bank account, and use the threat of an eviction action if she stops any payment via that method. Of course, that's no guarantee -- but, it may be sufficient.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer reply replied 8 months ago
I already have a signed confession of what she owes to us and the damages hearing on Thursday for that confession/judgement to be officially court ordered. I'm trying to find a way that I can circumvent her pay from going into her account, where she will spend it before paying what she has agreed to. She has made lots of promises before and not followed thru. I would like to allow her to stay in the house AND remove the eviction action from her credit history. Because I believe she is an OK person, just doesn't handle her money well. I originally thought of a garnishment but my understanding is that a garnishment is a forced action by the court, which will be a percentage of her pay rather than an agreed to amount. It sounds like you are saying I can't accomplish those three things via a court order including guaranteeing me the money from her paycheck before she gets it? Correct?
Employment Lawyer: socrateaser, Lawyer replied 8 months ago

If you have a formal confession of judgment signed by the court, then you can modify the form at this link to have the clerk of the court issue a wage garnishment, which you can then serve (by certified or registered mail, return receipt requested) on the USPS (Manager, Payroll Processing Branch, 2825 Lone Oak Parkway, Eagan, MN###-##-####, which will then garnish the allowed portion of wages from the debtor/tenant's wage.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Employment Lawyer: socrateaser, Lawyer replied 8 months ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

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