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Hello, my husbands employer just received yesterday a "continuing…

Hello, my husband's employer just...
Hello, my husband's employer just received yesterday a "continuing writ for garnishment against salary or wages" which my husband has already responded to the plaintiff with an affidavit that was filed as he is HOH; his employer just received the paper work from the attorneys just 1 day from the 20 day response period...we are trying to find out what is the procedures that employers must follow in carrying out wage garnishment orders, when the employee is HOH and has already filed a CLAIM OF EXEMPTION AND REQUEST FOR HEARING and has sent it via certified mail to the plaintiff. The employer does not want to have to send this paperwork if not needed as he is fully aware that my husband is head of household and has filed for an exemption.
Thank you.
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Answered in 20 minutes by:
4/9/2013
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,303
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The employer will have to honor the garnishment order unless you provide them with proof that a claim of exemption is filed. Upon proof that the exemption has been filed, then the employer can legally wait to send off or take out any garnishment, since they have been given notice of an objection being pursued. Some employers, to cover themselves, require the employee to file for a motion to stay garnishment pending exception hearing, but the fact an exception is being claimed is sufficient for them to not honor the garnishment until there is a court order on the exception hearing.



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Customer reply replied 5 years ago

Thank you, XXXXX XXXXX the garnishee does not need to provide a response to the plaintiff at this time since they did receive from my husband a certified copy of the claim of exemption, which was submitted last Friday. Thank you for your help, I believe this may be all I need to ask but I am waiting for a response from my husband before I close this out, wanting to make sure there is no other questions.

Thank you for your response.

As long as your husband has filed his exception and provided notice to the employer of the exception and hearing date then the employer is fine in holding off on taking out the garnishment until order is received from the court.
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Customer reply replied 5 years ago

He has provided the notice of exception to his employer however he does not have a hearing date as of yet, we are waiting for the plaintiff response. Is this okay or does he need to have a hearing date already?


Thank you.

Thank you for the response, he needs to get the hearing date set, it is supposed to be set within 10 days of filing the exception. He needs to check with the clerk for a hearing date on the exception.
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Customer reply replied 5 years ago

My understanding is that the plaintiff will advise if we need a hearing date or if they are going to challenge his HOH... the clerk said it would take 1 to 2 weeks before we got a response back from them. So my question is this OK that the Garnishee does not do anything waiting on the response regarding a court date or the writ being dropped. Thank you again.

As long as the exception is filed, it is okay for the employer to not make the garnishment deductions with proof of filing and they can wait on a court order notifying them the exception was denied before making the deductions.
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,303
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer reply replied 5 years ago

Thank you for your assistance.

Thank you.
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