If a motion to quash/vacate is currently under review, should my employer postpone my wage garnishment?
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If a motion to quash/vacate is currently under review, should my employer postpone my wage garnishment?
A creditor from 13 years ago re-opened a case sending all paperwork to an old address. This prompted a wage garnishment. This creditor has not been on my credit report in over 8 years. I have asked my job to not withhold any pay until a decision has been made by the judge concerning my motion to quash/vacate. Is it legal for my job to postpone the garnishment until a decision has been made?
Asked on September 19, 2011 under Bankruptcy Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, the job may not delay or withhold the garnishment unless and until you have obtained a court order which actually puts the garnishment on hold. Otherwise, if there is an order for garnishment but not yet an order staying or delaying its implementation, the employer has to obey the in-force court order. It is not automatic that looking to vacate (or quash, or appeal, or etc.) an order or a prior judgment stays execution; rather, you should apply to the court for a stay of execution, which can be done by applying for injunctive relief through filing an order to show cause. A lawyer should be able to do this for you easily; if you do not have or don't want to have an attorney (which is not recommended, but it is your right), contact the court (the clerk and/or the judge's chamber) and ask for the preferred procedure or mechanism to do this. Good luck.
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