What do I do if my bank asked my employer to send them my final paycheck to partially repay a loan and without a court order?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What do I do if my bank asked my employer to send them my final paycheck to partially repay a loan and without a court order?

Because I challenged that, my employer has withheld my final pay for 2 years since the end of my contract.

Asked on November 20, 2012 under Bankruptcy Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your lender cannot simply ask that monies not deposited into your account yet be extracted to deduct from what is owed on a loan. Two years is an awful long time to wait and your challenge could actually place your employer in hot water with the labor commission.  You need to go immediately to the labor board and demand your money. File a consumer complaint against your lender with its regulator.  It should have simply waited to get monies into your account, which it could have used to offset but this is simply taking and without a court order, it is simply deceptive.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption