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Garnishing wages in the military

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TheJonAlter

Junior Member
What is the name of your state? CA

I need help on collecting judgement from a debtor, here's my story:

I won a small claims case against a former friend 2 years ago. The judgement was for $2200. I haven't seen a dime yet.

The last I had heard from him was when I served him with an Order of Examination approximately 6 months ago. He showed up in court, and we both went outside to talk about his assets. He basically had nothing. A $10,000 vehicle under his dad's name was about all he had. He told me he closed all his bank accounts (he could be lying) and that he sold off all his belongings. He also told me that he was going to boot camp in a week. Anyway, he promised that he would have some money after he came back, but he never contacted me when he did come back. Chance after chance, and lie after lie, I am fed up. All I've been hearing from him were broken promises from day one.

Anyway, I was wondering how do I go about garnishing his military wages? I talked to the process server and he said he would find out for me (he didn't know himself) but he never got back to me. Do you guys have any other suggestions on alternatives? Any help is appreciated, thanks in advance.
 


Happy Trails

Senior Member
TheJonAlter said:
What is the name of your state? CA

I need help on collecting judgement from a debtor, here's my story:

I won a small claims case against a former friend 2 years ago. The judgement was for $2200. I haven't seen a dime yet.

The last I had heard from him was when I served him with an Order of Examination approximately 6 months ago. He showed up in court, and we both went outside to talk about his assets. He basically had nothing. A $10,000 vehicle under his dad's name was about all he had. He told me he closed all his bank accounts (he could be lying) and that he sold off all his belongings. He also told me that he was going to boot camp in a week. Anyway, he promised that he would have some money after he came back, but he never contacted me when he did come back. Chance after chance, and lie after lie, I am fed up. All I've been hearing from him were broken promises from day one.

Anyway, I was wondering how do I go about garnishing his military wages? I talked to the process server and he said he would find out for me (he didn't know himself) but he never got back to me. Do you guys have any other suggestions on alternatives? Any help is appreciated, thanks in advance.
Info. link
 

TheJonAlter

Junior Member
Happy Trails said:
Awesome link!

Is there any other info I need in order to proceed with an Application for Federal Employee Commercial Garnishment? I'm guessing social security number is sufficient?

Do you guys have any other suggestions and/or alternatives if you were in my shoes? Thanks a bunch guys
 

mtnstyne

Member
Not so fast

Where are you reading that you will have difficulty in garnishing this guys wages? The SSCRA purpose is to protect soldiers called to duty such as guard and reserves that would find financial difficulty due to their call-up. (i.e.-reserve doctors who go on active duty lose a lot of money from their private practice...this protects them in some manners)

Also, this Act protects soldiers who are deployed that can not be present when a suit is filed against them. It is unfair to settle a suit without a soldier being present because he is deployed.

In your case, he was present and it was settled. Don't be intimidated by the military. Fill out the required forms and submit it if that is your only recourse. Chances are if the guy is a dirtbag outside the military, he is a dirtbag in the military and his commander will see this. The commander in the end is the individual who will determine the garnishment once it is handled by DFAS to ensure it doesn't violate the SSCRA.

Let me know how this works out for you. I am active duty Army for 13 years now and I am in the process myself against a fellow soldier.

Check out this link http://www.dod.mil/dfas/militarypay/garnishment/comfact.html
Mtnstyne
 

dcatz

Senior Member
I didn't say it was "pretty difficult to garnish wages in the military"; I just pointed out that there are some rules, rights and limitations that don't exist in the civilian world and suggested that you familiarize yourself.
 

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