Do I have the capability to ask for repayment of a garnishment charge if my employer did not comply with a child support withholding order?

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Do I have the capability to ask for repayment of a garnishment charge if my employer did not comply with a child support withholding order?

I have 2 student loan garnishments that have been coming out of my check for the prior year, which takes up 25% of my paycheck. Then 3 months ago, when my wife and I divorced, we settled on a child support plan and an Order of Withholding was set up and sent to my employer. They did not comply, and I just took my check and paid her from that. This has been going on for 3 months now, and my company, despite having been issued the Withholding Order again, have not taken out child support from my check. Can I receive funds back for not having my check garnished in the correct manner?

Asked on July 20, 2012 under Bankruptcy Law, Mississippi

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately once money has been sent out on a wage garnishment and the time to object to the levy via a claim of exemption has passed you cannot get the money back.

As to future moneys that are subject to the garnishment, I suggest that you complete, serve and file a claim of exemption where the court will then set a hearing date and make a ruling on the claim. The reason for the claim is that more than the maximum 25% of your net paychecks are being taken by the ganrishments. I suggest that you consult with an attorney that practice sin the area of debt collection to assist you with the needed paper work.


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