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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33731
Experience:  Began practicing law in 1992
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I have a case were the court ordered a garnishment of the

Customer Question

I have a case were the court ordered a garnishment of the defendent pay check,which was served by the county marshall . but the employer refused to garnish the employees paycheck , putting them in contemp of court.can I sue the employer
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. You can file to have the employer held in contempt. However, if your lawyer drafted the garnishment order you will want to have them re-check it for mistakes because normally when the employer refuses to honor an order it is because their lawyer has examined it and found a mistake in the order. If the order is incorrect and you sue them for contempt then they will countersue and if hey win there is a good chance the court will award them their attorney's fees. However, if there is nothing wrong with the order and they are just refusing to cooperate then the court will hold them in contempt and likely make them pay your attorney's fees.
Customer: replied 1 year ago.
I failed to tell you that i hired an attorney and he is say that the court that issue the ganishment will not hear the case in there court.were it was issued
Expert:  Dwayne B. replied 1 year ago.
Did he give you a reason that the court won't hear the case?
Expert:  Dwayne B. replied 1 year ago.
I am going offline for just a little while but I will be back in a couple of hours.
Customer: replied 1 year ago.
he said the court does not participate in the collection process.but this is a contemp of court refusing to comply with that order
Expert:  Dwayne B. replied 1 year ago.
I apologize for the delays but I'm under the weather and can only work for a few minutes at a time today. I've never seen a judge that won't handle contempt of court cases where their order is being ignored. You can't bring a separate lawsuit, did your lawyer offer any suggestion as to how to get this judge to hear the case? There is one court where the judge doesn't like to do certain kinds of cases and so what we would do is schedule those types of cases for when that judge was going to be off on vacation or away at a conference, etc. That is an option your lawyer would have although the judge should just do their job and enforce their order.