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A writ of garnishment was served on my company on Feb. 7,

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2011. The person was not...
a writ of garnishment was served on my company on Feb. 7, 2011. The person was not working here at that time. I answered the writ to that effect. That person has since come back to work for us. Can that same writ be reinstated or does another writ have to be served on mu company?
Submitted: 2 years ago.Category: Legal
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Answered in 3 minutes by:
8/17/2015
Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,692
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Generally speaking, the Writ was never "voided" just because the person may not have been working for the company at the time that it was served, provided that there was an ORDER to that effect.
If there an order that orders the garnishment, it is still technically viable, arguably.
Of course, one can write back to the attorney and explain the situation, asking them if they would be willing to file a motion for clarification on the matter. However, the Court is likely to agree.
Now my answer assumes that an ORDER was served, and not just an application for the order. If all the company has received is the APPLICATION for the order, but not the order itself, my answer may change - reply and let me know.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
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