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John, Attorney
Category: Legal
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Experience:  Licensed and practicing attorney.
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Hello, my name isXXXXX have a question about wage garnishment.

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Hello, my name isXXXXX have a question about wage garnishment. I'm self-employed right now with a company I have worked for as an employee four years ago. I'm being sued by a debt collector, they have a judgement against me and are try to do a wage garnishment. Can they do a garnishment if I'm self-employed currently?
Hi, thanks for submitting your question today. The judgment creditor cannot do a "wage garnishment" against a self employed person unless the self employed person has set up his business to name himself as an employee of an S corporation. More likely than not your business is set up as a sole proprietorship or a single-member LLC where you are not listed as an employee of your own business; you would know this if you (via your accountant) were issue a w2 form for your work for the company.

To properly garnish your business in this instance, the judgment creditor would have to issue garnishments to businesses or persons for which you do work; i.e., attempt to garnish your customers. A garnishment in this instance is not ongoing like a wage garnishment would be, but the judgment creditor must continually renew each payment owed by the customer.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

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