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#1
11-03-2009, 11:40 AM
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garnishment paid in errorWhat is the name of your state (only U.S. law)? Michigan We terminated an employee, but due to a clerical error, an additional garnishment was paid to his creditor (civil case). The employee never received any wages from which the garnishment was withheld. The creditor's attorneys are refusing to refund the money. Do I have any recourse to retrieve the funds? If not, how do I account for the payout (through payroll, AP, etc)? Thanks in advance. |
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#2
11-03-2009, 11:58 AM
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__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic!  Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
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#3
11-03-2009, 11:59 AM
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__________________ Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.  |
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#4
11-03-2009, 12:44 PM
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| If I were the ex-employee, I wouldn't pay it. Account for it in the boy-did-we-make-a-mistake-and-it's-not-worth-pursuing account.
__________________ --------------------------------------------------------------------------------------------------------------------------------------------------------- Nobody understands good sarcasm any more.  |
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#5
11-03-2009, 12:49 PM
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| IF the employer really wants the money back, seeking repayment from the former employee is the only avenue. Anything beyond that is a business decision, not a legal decision 
__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic! Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
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#6
11-03-2009, 02:28 PM
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__________________ "Sometimes you're the windshield; sometimes you're the bug." |
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#7
11-03-2009, 03:10 PM
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| Agree with mlane. The employer was ordered to pay over what had been withheld from the employee's wages to the court (or whomever). The employee had nothing to do with it. As previously stated, write it off to dumb mistake and poor audit procedures and fix the procedures going forward.
__________________ --------------------------------------------------------------------------------------------------------------------------------------------------------- Nobody understands good sarcasm any more. |
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