Is an employer liable for wage garnishments from an employee’s paycheck, if the writ if garnishments were expired and the debts already paid off?

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Is an employer liable for wage garnishments from an employee’s paycheck, if the writ if garnishments were expired and the debts already paid off?

About a year ago when I left my current employer, I was paying a garnishment and child support. I was gone from my current job for 1 full year. When I returned, they again began automatically taking out for the garnishment and child support. However both of these cases have been paid off and or closed now for 9 months. The employer is telling me that it is my problem and up to me to get the money back from the respective agencies. I tend to disagree, since a writ of garnishment is only good for 180 days, so it was expired when these deductions were made from my paycheck?

Asked on July 24, 2011 Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The wage garnishment arose due to a judgment that you had entered against you. If the judgment is satisfied in full, you need to obtain a filed satisfaction of judgment in full of the judgment and provide it to your employer.

Your employer under a wage garnishment is required to honor its terms. Most wage garnishments continue until there is an order telling the employer that the garnishment has ended. Your employer is not a lawyer. He has a business to run. If you want the wage garnishment to stop and have your employer stop sending a portion of your wages to the sheriff each pay check, you need to get an order showing that the garnishment has ended and give it to your employer.

Good luck.


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