Can my volunteer wage garnishment be changed because my employer didn’t pay it?
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Can my volunteer wage garnishment be changed because my employer didn’t pay it?
Approximately 14 months ago I agreed to a volunteer wage garnishment. My employer was late with a payment and now we have been summoned to court along with my employer. They are asking for 25% now. I have lived up to my end of the deal but my employer didn’t. Can I be held responsible and have my garnishment changed?
Asked on February 6, 2012 under Bankruptcy Law, Ohio
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You need to hold tight to your position and you need to show the court you complied by agreeing to the volunteer wage garnishment and the method is that your emploiyer is required to deduct this from the get go from your paycheck and send it automatically to whom you owe the money. Now, legally, you are required to mitigate your damages because ultimately you were the defendant/respondent and the one who is the debtor. By mitigating your damages, you could have (as the court may interpret) prevented this from happening. How do you mitigate damages? You would need to ensure your employer was paying these payments on time and providing proof to you or communicating with the creditor to ensure it, they, he or she received the correct amount at the correct time. You might be held equally as responsible but this may be a matter wherein the court may charge the violations to the employer so you need to stick to your position that you complied with all requirements. Hopefully this will be enough to shift the burden away from you.
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