How does one enforce a garnishment if employer won't garnish?

[sbateman]

Hi, I live in Oregon... I have a judgement against an individual and have filed a garnishment against them. However, their employer has "forgotten" to withhold the employee's wages from the last few paychecks. Do I sue the employer in small claims court now, or is their obligation as a garnishee legally binding? If so, how do I enforce it? What's next?!

 

[JenniferH]

The following is a general opinion, many states have some form of the below scenario:

You say that the employer has forgotten to garnish the last few? Are you sure that he/she still is employed there? If they are and the employer has not followed the law, then they are liable to pay the judgment (they were not following the law). Go to court clerk and ask some questions, hopefully they can tell you what form to file against the employer.

However, if the person is no longer employed there, than no wrong was committed.

Note: Many people run from a job after the first or second garnishment!

Good Luck,