Employer refuses to comply with out of state wage garnishment

[debra2323]

What is the name of your state? California

Our case was done in California and the father submitted to CA jurisdiction (although he resides in Texas).

I finally got a child support order and a wage garnishment. I sent the wage garnishment to his place of emplyment in Texas. The employer's legal team said they did not have to honor it because it was an out of state wage garnishment. He said that I must register it in Texas.

This is not correct. I would register the support order in Texas for enforcement. But the wage garnishment is suppose to be honored regardless of registration of the support order, right? This is what I have been told and researched?

What should I do? How hard is it to register the order by myself? If I open a case with the Dept of CSS, it will take forever before I see anything and he is already 10K behind.
Help!

 

[brisgirl825]

You have asked this before and were given a couple different avenues to try. Have you followed the advice given to you already?

 

[gatorguy3]

I will take from the book of another poster, this is a duplicate post

Do not duplicate posts otherwise you may make much confusion here.

And to answer the OP...the company doesn't have to comply when given the documentation from an individual. They only have to comply when issued by the state.

 

[stealth2]

https://forum.freeadvice.com/showthread.php?t=261833

 

[debra2323]

Duplicat Postings (for the confused)

I will take from the book of another poster, this is a duplicate post

Do not duplicate posts otherwise you may make much confusion here.

And to answer the OP...the company doesn't have to comply when given the documentation from an individual. They only have to comply when issued by the state.

Okay simple-minded individual......since this post confuses you so much.....please allow me tol go slow with you.......

First, I didn't think the other post was clear since the only advice I got was way off target.

Second, I tried to clarify in the previous post, but even after the responder acknowledged that he/she was off target, I still didn't receive any viable advice.

Third, who are you the posting-****???????????? Do you control what and when I post? Get a life!!!! Now you have so much time on your hands that you patrol other posts to ensure no one duplicates a posting???????

Fourth, and for the last time......the wage garnishment was not from an individual, which is what I tried to explain the last time. The wage garnishment IS from the State of California.

Now since you obviously have NO IDEA what you are talking about, why don't you do us all a favor and stick to topics you know something about!!! Why don't you just NOT respond since you have nothing to offer so that I could get sound advice if it is out there????????????????

And I am so sorry my similiar postings confused you so much. I will try and keep it really simple for you in the future!

 

[debra2323]

Wow is all I can say? Are you paid for this service?????????

https://forum.freeadvice.com/showthread.php?t=261833

Wow! I am amazed at the time you have on your hands....you actually kept up with MYpostings....I am honored!

Look, I was just surfing the net and seeing if I could get any answers. Since the last people didn't respond to my question with any sound advice, I thought I would give it another shot. I HAD NO IDEA that a few people monopolized the website and attempted to bully those who posted more than once on the same subject!!!!!!

Wow is all I can say!!!!! I mean, do you get paid for this service or is that you just don't have a life at all?!?!?!?!

Take Care....I can tell this particular site won't get me anywhere.

 

[debra2323]

Advice not taken

You have asked this before and were given a couple different avenues to try. Have you followed the advice given to you already?

And thank you for keeping up with my previous posts! Appreciate it!

And to answer your questions, no.....becasue the advice given was not correct or useful in the least.

 

[stealth2]

Wow! I am amazed at the time you have on your hands....you actually kept up with MYpostings....I am honored!

Look, I was just surfing the net and seeing if I could get any answers. Since the last people didn't respond to my question with any sound advice, I thought I would give it another shot. I HAD NO IDEA that a few people monopolized the website and attempted to bully those who posted more than once on the same subject!!!!!!

Wow is all I can say!!!!! I mean, do you get paid for this service or is that you just don't have a life at all?!?!?!?!

Take Care....I can tell this particular site won't get me anywhere.

All it takes is a click on your handle and another on the link to your other threads. Don't flatter yourself that it takes any effort. The problem with posting multiple threads is really quite simple. People respond to the first one they see. They ask questions. You respond. Depending on the questions and the answer, the threads take divergent paths - which may both be wrong since neither thread has all the info. When you keep things to one thread, all the relevant information is in one place, so people can help you better.

But if that's not what you want, well, such is life.

 

[stealth2]

I went back and read your other thread. And the advice you got was actually good. Your lawyer did what he was required to do - he delivered the order to your ex's employer. The order may well have to be registered in TX. It may have to go through the TX equivalent of CSE. You do have to follow the TX procedure for it - not CA's.

I'm sorry you don't seem to like that answer. But the sooner you accept it, the sooner you may actually see some of the support he's been ordered to pay.

 

[debra2323]

Duplicate Postings Never Allowed - BEWARE TO THE NEWBIES!!!!

All it takes is a click on your handle and another on the link to your other threads. Don't flatter yourself that it takes any effort. The problem with posting multiple threads is really quite simple. People respond to the first one they see. They ask questions. You respond. Depending on the questions and the answer, the threads take divergent paths - which may both be wrong since neither thread has all the info. When you keep things to one thread, all the relevant information is in one place, so people can help you better.

But if that's not what you want, well, such is life.

Okay Einstein, so when the thread ends and only bad advice was given, then I am suspended or forbidden from using the site every again???????? I waited to see if someone would follow up or not and nothing happened.

I mean, now all this energy waisted on you, when you could have just not said ANYTHING and perhaps someone else would have responded with some new advice other than the 3 "regualrs" that review posts for duplicates.

I mean did you consider that perhaps OTHER people in the world might stumble across this site and actually see a question that they could answer??? Wow, what a concept....someone other than you might have advice...how about that?!?!

 

[gatorguy3]

I sent the wage garnishment to his place of emplyment in Texas.

Okay, so here again I say that the reason they will not honor it is that YOU are the one (at least that is how I read it) who sent the order to his place of employment. I do understand, and can comprehend that the order was issued and approved by the state of California. The order has to be issued by the state of California through the state of Texas...to your ex's employer. They are the ones who can deal with that, not YOU.

 

[stealth2]

All I have left to say to you is - you really are a piece of work. I'm not surprised your lawyer isn't interested in doing any further work for you. I wouldn't be either, if this is how you normally treat people. We're trying to help you. And all you do is sh*t on us. Well.... never mind.

 

[debra2323]

It Does Not Have To Be Registered!!!!!!!

I went back and read your other thread. And the advice you got was actually good. Your lawyer did what he was required to do - he delivered the order to your ex's employer. The order may well have to be registered in TX. It may have to go through the TX equivalent of CSE. You do have to follow the TX procedure for it - not CA's.

I'm sorry you don't seem to like that answer. But the sooner you accept it, the sooner you may actually see some of the support he's been ordered to pay.

I am only responding to this in case someone else out there reads your response and believes it has any merit whatsoever!!!!

So here goes again.....A Wage Garnishment does not have to filed in Texas in order for the company to comply. The company is obligated to comply with an out of state wage garnishment. However, they do follow their state laws when complying (meaning they can not garnish more than Texas would allow - like no more than 50% of his check). Not only did I ask several Texas attorneys, but I actually researched this fact myself: (notice the word "may" and the phrase "wihtout first filing the petition.....or registering the order....")

§ 159.501. EMPLOYER'S RECEIPT OF INCOME-WITHHOLDING
ORDER OF ANOTHER STATE. An income-withholding order issued in
another state may be sent by or on behalf of the obligee or by the
support enforcement agency to the person defined as the obligor's
employer under Chapter 158 without first filing a petition or
comparable pleading or registering the order with a tribunal of
this state.

Amended by Acts 1997, 75th Leg., ch. 607, § 13, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 1247, § 27, eff. Sept. 1, 2003.

Now in my particular case, it may be easier for me to file the support order in Texas than it will be to fight the Employer for what is legally right, which is the only reason I asked if anyone knows how to register the order and if I can do it on my own. The issue at hand has nothing to do with whether it has to be registered.....and all you did is revert this thread back to the other one, where the same inaccuarte information was provided. So us all a favor and don't respond when you don't know what you are talking about!!!!

In addition, I was wondering if anyone knew any other options that might be available, so that I don't have to continue to go through all this legal drama.

So now with that said, how about you not repeat inaccuracies from previous postings and don't EVER guess if advice is right or not.

 

[gatorguy3]

seems you know what to do, then by all means do it. why spend time here and get "wrong" information?

i mean....the statute does say the obligee "may" send the order, but does not say the company has to abide by that order if not given through the state venue.

 

[debra2323]

You Have No Idea What You Are Talking About!!!!!

All I have left to say to you is - you really are a piece of work. I'm not surprised your lawyer isn't interested in doing any further work for you. I wouldn't be either, if this is how you normally treat people. We're trying to help you. And all you do is sh*t on us. Well.... never mind.

You tried to help me by telling me NOT to duplicate my UNANSWERED question???

Here's a concept: How about the idea that you aren't the only person out there that can help me?? Perhaps someone else could have responded with, um...well ADVICE and not telling me not to respond.

When I first seen 2 responses, I was thinking, well maybe someone can offer something...But instead it's the posting police, telling me not to ask my question more than once?!?!? I can see how that is help???

And if I seem bitter, I am......I have been screwed by my lawyer who not only took over 5K from me for my case, which he has drug out for over a year....he tried every way possible to get more money. He forgot to file for genetic testing so we in turn needed 2 court dates instead of having it done with the first court date we had. Oh, he said sorry, but he still took $750 out of my retainer for the 2nd court date. He forgot to put child care on the paperwork, so when the judge finally heard my case, he would not hear child care. So although child support was dated back to the original filing date of Sept 1st, the child care was not. That easy the father was off the hook for his half and I had to suck up the $1800 lost! Um, what else....well after a year of the B-S, we finally get the orders and send the wage garnishment only to find out this idiot won't comply. So what does my lawyer do? Nothing. He never calls or anything..... I found out by calling directly and my laywer then says he is doing a "substitution of attorney." (Oh, did I mention he was suppose to represent me for free at the child care hearing in Sept, but with a substitution of attorney, he is off the hook for that.) Oh and if you are wondering why the hearing is so far out, it is because although the court offered a July and then an August hearing, my lawyer said he was busy and continued it to Sept (I only know this becasue I went to the court myself). The list goes on and on...... So now you are wondering why did I keep my lawyer???? Well, for one, he already had my retainer! And two....because I am a nice, sweet, passive person who thought it would work out in the end!

You will excuse me if I put that person to the side and get a little bitter about it....since I have gotten nothing but screwed since the beginning and now I can't even post my damn question twice!!!!! Are you serious?!?!?

(Wow it feels great to vent!!)

Now do me a favor and just ignore posts you can't answer... This was such a waste of time!!!