Answer to Writ of Garnishment

[Slim99999]

Florida

I started wage garnishment against an individual and his company (via a company they pay to do payroll) answered "We will begin the deduction of $106.49/week starting the week ending 12-25-05". He is trying to claim Head of Household I objected and we have a hearing 2/7/06.

I received a check the other day for $66 and called the payroll company to tell them we hadn't been to court yet and I shouldn't be receiving a check. I also questioned why it was $66. They indicated his wages varied and there are 2 more checks for $25 in the mail.

Are they required to garnish the amount in the answer every week or do they calculate the 25% of each pay? The individual swore on the "Fact Information Sheet" that he makes $420/week. Assuming he is in 15% Federal tax bracket (no state tax), it seems $106 isn't out of line.

Regards

[debtcollector`]

There could be another order in front of yours -- child support comes to mind.

Haul the debtor in for JDX and ask him.

DC

[Slim99999]

He is a single man, living with a divorced woman and her kid who will be 18 in a couple days. He didn't claim child support or alimony on the "Fact Information Sheet". He is trying to claim Head of Household and we go to court on Tuesday so he can TRY to prove it. I am really disappointed as I was expecting about $830 after we had the hearing and would only have to deal with him another couple months. If they only garnish $25 I have to deal with him another year (this has been going on since November 2004).

He was required to send me a copy of his lease, car title/registration and paycheck when he filled out the "Fact Information Sheet" in November and he has never complied. Hopefully the judge will charge him with contempt and he'll be spending Tuesday night in jail.

He is a painter that took a deposit and never did the job or return my money. I am lucky he has finally got a job because previously he had his own company. I reported him to the BBB, Consumer Affairs and the Dept. of Licensing. I don't think he can get work anymore so he had to get a job.

Regards

[maggyva]

Here's a link that will show you how wage garnishments must be calculated:

The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title 3 (CCPA)

[url]http://www.dol.gov/esa/regs/compliance/whd/whdfs30.htm[/url]

Hope this is helpful.

[Ladynred]

He is trying to claim Head of Household

I doubt that will stand up in court. Unless he's claiming the woman and her kid as dependents and provides AT LEAST 50% of their living expenses, that HOH exemption won't fly in court.