Garnishment without a job?

[chinabloo]

What is the name of your state? Ohio

My husband has a default judgment against him for just over $800. Like an idiot, he ignored all of the notices until now he received a "payment to avoid garnishment of wages" document.

He's lost 3 jobs in 14 months and just recently started working as an independent contractor for a local company - hence, he doesn't really get a paycheck. He actually gets paid a % of his sales on a daily basis.

What might happen next since there really isn't an employer to garnish his wages?

 

[JETX]

What might happen next since there really isn't an employer to garnish his wages?

That depends largely on his actual employment condition, and the employers response to the garnishment notice.
If he is a 'commission' employee, then the garnishment could still be taken out of his commission checks AFTER applying the state mandated exemptions..... just as if they were salary
Of if he is an 'independent contractor', the judgment creditor could simply return to court and request a 'turnover order'. This is an order from the court instructing the employer to turn over 100% of his commissions to the court until such time as the judgment is paid in full. The state mandated wage exemptions would NOT apply to this order and he will lose 100% of his 'income'.

 

[chinabloo]

Thanks for the quick reply JetX.....guess I need to sit my husband down (again) and have a long talk with him as he is an independent contractor. He gets paid daily and will get a 1099 at the end of the year. Maybe he can still try to work something out with the OC. I'd tell him to sell something of value to pay it off but there's nothing left.

Thanks!