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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102141
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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A writ of garnishment was served on my company on Feb. 7,

Customer Question

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: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
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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.
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