garnishee default

[seagoing]

What is the name of your state (only U.S. law)? Florida
Fellow employee was to have wages garnished.Same employee intercepted all mail and legally served notices to the boss regarding the garnishment,as the employee was office manager.Result is,garnishee default possibly leaving boss responsible for the debt.What action will be needed to (1)request court to reverse the default judgement with plea that boss never personally had notification of the garnishment,or (2 )if boss decides to pay the debt,what legal action can he take to get repayment from employee.

[megabux]

Originally Posted by seagoing

What is the name of your state (only U.S. law)? Florida
Fellow employee was to have wages garnished.Same employee intercepted all mail and legally served notices to the boss regarding the garnishment,as the employee was office manager.Result is,garnishee default possibly leaving boss responsible for the debt.What action will be needed to (1)request court to reverse the default judgement with plea that boss never personally had notification of the garnishment,or (2 )if boss decides to pay the debt,what legal action can he take to get repayment from employee.

(1) Yes, with your testimony. But first, report the mail theft to the police. The employee was fired, correct?

(2) He'd have to sue him and....garnish himself?

I'd stick with (1).

____________________________________________________________________________________________________ ___________________________
Never take my advice without confirmation from someone who knows what there talking about!

[JETX]

First, ignore that other idiot... he is 110% full of PELOSI!! (No mail theft occurred).

Now, ACCURATE response...

Originally Posted by seagoing

What action will be needed to (1)request court to reverse the default judgement with plea that boss never personally had notification of the garnishment,

Won't work. 'Personal' knowledge by the owner is not required. Notice is only required to be given to the employer. Acceptance by an employee is sufficient to meet court requirements.

or (2 )if boss decides to pay the debt,what legal action can he take to get repayment from employee.

The employer can file a separate lawsuit against the (presumably, FORMER) employee and raise the issue of intercepted mail, etc.

[megabux]

Originally Posted by JETX

First, ignore that other idiot... he is 110% full of PELOSI!! (No mail theft occurred).

Okay, INTERCEPTED mail (and legal process). Not a crime?

Now, ACCURATE response...

Won't work. 'Personal' knowledge by the owner is not required. Notice is only required to be given to the employer. Acceptance by an employee is sufficient to meet court requirements.

The employer can file a separate lawsuit against the (presumably, FORMER) employee and raise the issue of intercepted mail, etc.

Well, like my disclaimer says...

I wonder if you would be such an insulting ARROGANT ASS if you weren't anonymous, Mr. H.?

[JETX]

Originally Posted by megabux

Okay, INTERCEPTED mail (and legal process). Not a crime?

Mail that is addressed to the addressee (business) and delivered TO that business is not INTERCEPTED mail. It is DELIVERED mail. There is nothing to even suggest that it was addressed to an individual AT the business!! Just like mail that is addressed 'occupant', once delivered any authorized person at that address can open it.

I wonder if you would be such an insulting ARROGANT ASS if you weren't anonymous, Mr. H.?

The world should not have to suffer stupidity or incompetence... both of which you seem to exhibit.

[seagoing]

I'm sorry I started an argument .I appreciate all replies and perhaps I didn't give enough precise info.to lead to confusion.Unfortunatly at this time Im not positive,but believe the notice for garnishment was delivered in the owners name and intercepted by the office manager ,who happens to be the person to be garnished.I understand too law is not always easy.But,wouldn't ther be some kind of illegal activity done if the employee purposely removes the legal notice from owners reach?the owner has NOT fired the employee because he is afraid of possible suit for unjust firingThough Fl.is a right to hire/fire state.Right now ,the owner is trying to decide whether to talk to employee ,get some kind of payment plan between the two,because,if fired,and he is stuck with judgement,he will have a hard time collecting from someone with no job,or needing to investigate
where original debtor now works.Or,hire an atty at $$$ and try to get some kind of reversal of the default judgement against him,back to original debtor.

[JETX]

Originally Posted by seagoing

But,wouldn't ther be some kind of illegal activity done if the employee purposely removes the legal notice from owners reach?

No. There is NO statutory prohibition against an employee opening mail addressed to the business. That would be an INTERNAL issue for the employer to resolve.