Are there any future legal ramifications if my wages were illegally garnished?

[zuko5992]

What is the name of your state (only U.S. law)? NC

I'm not sure if this should be posted here, or under debt collections, but here goes.

Under North Carolina General Statutes Chapter 44 article 9B, if one receives ambulance services in the applicable counties, after non-payment for 90 days after the date of ambulance service, the county offering the ambulance services may treat the amount due as if it were a tax owed to said county, and proceed to collect the amount due using attachment and garnishment proceedings as stated in G.S. 105-368.

My daughter did receive ambulance services, but we never received a bill. Apparently, the ambulance service did not have our correct address. In violation of the law, the ambulance service started garnishment proceedings after 60 days. They have agreed to return the garnished wages to me, but I would like to know if this garnishment can come back to haunt me in the future if I do not go to court and have it officially expunged, if that's even a thing.

To add insult to injury, as the ambulance service did not have my correct address, I was never informed of the garnishment proceedings. The first I knew of the garnishment was when there was $750 missing from my paycheck. I am incredibly embarrassed, no one at my place of business seems to believe that I wasn't officially served with any kind of notice. I'm also livid that this was allowed to happen in the first place.

Is there any value in continuing to pursue this legally, or should I just take the money back, swallow my pride, and try to forget that it ever happened?

 

[davew128]

Did you have a tax question?

 

[latigo]

What is the name of your state (only U.S. law)? NC

I'm not sure if this should be posted here, or under debt collections, but here goes.

Under North Carolina General Statutes Chapter 44 article 9B, if one receives ambulance services in the applicable counties, after non-payment for 90 days after the date of ambulance service, the county offering the ambulance services may treat the amount due as if it were a tax owed to said county, and proceed to collect the amount due using attachment and garnishment proceedings as stated in G.S. 105-368.

My daughter did receive ambulance services, but we never received a bill. Apparently, the ambulance service did not have our correct address. In violation of the law, the ambulance service started garnishment proceedings after 60 days. They have agreed to return the garnished wages to me, but I would like to know if this garnishment can come back to haunt me in the future if I do not go to court and have it officially expunged, if that's even a thing.

To add insult to injury, as the ambulance service did not have my correct address, I was never informed of the garnishment proceedings. The first I knew of the garnishment was when there was $750 missing from my paycheck. I am incredibly embarrassed, no one at my place of business seems to believe that I wasn't officially served with any kind of notice. I'm also livid that this was allowed to happen in the first place.

Is there any value in continuing to pursue this legally, or should I just take the money back, swallow my pride, and try to forget that it ever happened?

In other words you would like to "forget" that you are responsible for the ambulance service.

How about the medical care for your daughter via the service. Like to forget that as being insulting also?

But if you want to spend the dollars that would engulf the $750 in contesting the statute and/or the process of implementing it as being unconstitutional in depriving one of due process of law, then that is you prerogative. But you will still end up owing for the service.

Anything else?

 

[zuko5992]

Did you have a tax question?

As I stated, I wasn't sure if this was posted in the right place. I thought that since the amount due the ambulance service could be treated as taxes due under the law, this would be an appropriate place to post. I apologize if I am in error.

 

[Zigner]

What is the name of your state (only U.S. law)? NC

I'm not sure if this should be posted here, or under debt collections, but here goes.

Under North Carolina General Statutes Chapter 44 article 9B, if one receives ambulance services in the applicable counties, after non-payment for 90 days after the date of ambulance service, the county offering the ambulance services may treat the amount due as if it were a tax owed to said county, and proceed to collect the amount due using attachment and garnishment proceedings as stated in G.S. 105-368.

My daughter did receive ambulance services, but we never received a bill. Apparently, the ambulance service did not have our correct address. In violation of the law, the ambulance service started garnishment proceedings after 60 days. They have agreed to return the garnished wages to me, but I would like to know if this garnishment can come back to haunt me in the future if I do not go to court and have it officially expunged, if that's even a thing.

To add insult to injury, as the ambulance service did not have my correct address, I was never informed of the garnishment proceedings. The first I knew of the garnishment was when there was $750 missing from my paycheck. I am incredibly embarrassed, no one at my place of business seems to believe that I wasn't officially served with any kind of notice. I'm also livid that this was allowed to happen in the first place.

Is there any value in continuing to pursue this legally, or should I just take the money back, swallow my pride, and try to forget that it ever happened?

I don't believe that the ambulance service violated the law.

 

[zuko5992]

In other words you would like to "forget" that you are responsible for the ambulance service.

No, not at all. I fully intend to pay for the ambulance service once it it processed through my health insurance, as were her medical bills.

How about the medical care for your daughter via the service. Like to forget that as being insulting also?

Again, I am not insulted that I am having to pay for services rendered. The hospital she was brought to and the police officer at the scene of her accident were both able to get my correct address. I am insulted that my wages were garnished illegally, and without my knowledge.

But if you want to spend the dollars that would engulf the $750 in contesting the statute and/or the process of implementing it as being unconstitutional in depriving one of due process of law, then that is you prerogative. But you will still end up owing for the service.

Anything else?

Yes. As I stated, I would like to know if in the future, whether a record of this illegal garnishment can negatively affect me in any way legally, where it would behoove me to pay the legal fees in order to erase this from any sort of record.

 

[zuko5992]

I don't believe that the ambulance service violated the law.

The ambulance service has the right to garnish wages after 90 days. They garnished my wages after 60 days. You don't see that as a violation of the law?

 

[LdiJ]

The ambulance service has the right to garnish wages after 90 days. They garnished my wages after 60 days. You don't see that as a violation of the law?

Obviously they violated the law and know that they violated the law, or they would not be refunding you the garnished monies.

 

[Zigner]

At what point in time were the wages garnished? How many days after service was rendered...

 

[Zigner]

Obviously they violated the law and know that they violated the law, or they would not be refunding you the garnished monies.

I think that may have more to do with questions on the method of service of notice.

 

[zuko5992]

The services were rendered on 11/10/2015. I have not yet seen a copy of the court order, but my payroll department says that it is dated 01/21/2016. The money was garnished out of my 02/05/2016 paycheck.

 

[Zigner]

The services were rendered on 11/10/2015. I have not yet seen a copy of the court order, but my payroll department says that it is dated 01/21/2016. The money was garnished out of my 02/05/2016 paycheck.

Ok, fair enough. You have, however, been made whole. Unfortunately, until you have actual damages from this, you don't have a case against the ambulance company for their violation of the law.

 

[zuko5992]

Thank you.

So until something negative happens, like the appearance of something on my credit report, or if it should show up in connection with a future legal matter, I shouldn't need to go to court to correct this.

I appreciate your help.