Employer will not acknowledge garishment for credit card judgement

[TRACYHITCH]

State is Michigan
How can I make him pay his debt to me?
I have a judgement from a divorce stating the defendant owes this credit card debit that is in my name. I went back to court and at that time a payment schedule was set up as such: payment of 110.00 must be paid by the 8th of each month. He told me he was not going to pay and has not since February. I file a wit of garnishment (March 20)from his wages (since he does not keep any money in the bank) and sent his employer a garnishee disclosure. Four weeks lat,er I called his employer and asked the status of the garnishment? I was told it did not seem right since it was not filed by a laywer, and they called and this form was not filed according to my caseworker ???. At that point I told her that it was filed with the curciut court not the Friend of the court and gave her the number. I also told her to feel her copy because it had a court seal. He also has a garnishment through the FOC for child support. His employer has not done anything else with this.
Thank you for your time and consideration

Tracy

 

[I AM ALWAYS LIABLE]

State is Michigan
How can I make him pay his debt to me?
I have a judgement from a divorce stating the defendant owes this credit card debit that is in my name. I went back to court and at that time a payment schedule was set up as such: payment of 110.00 must be paid by the 8th of each month. He told me he was not going to pay and has not since February. I file a wit of garnishment (March 20)from his wages (since he does not keep any money in the bank) and sent his employer a garnishee disclosure. Four weeks lat,er I called his employer and asked the status of the garnishment? I was told it did not seem right since it was not filed by a laywer, and they called and this form was not filed according to my caseworker ???. At that point I told her that it was filed with the curciut court not the Friend of the court and gave her the number. I also told her to feel her copy because it had a court seal. He also has a garnishment through the FOC for child support. His employer has not done anything else with this.
Thank you for your time and consideration

Tracy

My response:

If an employer fails to withhold or to pay over the amount required to be withheld, you, as the judgment creditor, may bring a civil action against the employer to recover such amount.

As a practical matter, however, it may not make economic sense for you to bring an action to recover the amount that should have been withheld during the withholding period.

An examination of the employer (as a debtor of the judgment debtor) may be both quicker and cheaper than a full-blown lawsuit. The court could order the employer to turn over property to satisfy the withholding order; or could at least "persuade" the employer to comply with the order prospectively. (The employer's payroll records for the employee should be subpoenaed for the examination.) A separate creditor's suit should be considered only where the court refuses to issue a turnover order.

So, set up a judgment debtor hearing for the debtor, and also subpoena the employer for questioning in court, in front of a judge. Let the employer explain himself to the judge. Your don't have to "take" this crap from either of them.

Good luck to you.

IAAL