Student Loan Garnishment

[Newlydivmomto4]

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

I know 3rd party questions are not welcome, but I'm hoping someone can help me out with an employee.

I work in payroll and earlier this year I received a wage garnishment order for an employee for a delinquent student loan of over 80k. I get that there are many people that fall behind on student loans and get their wages garnished. However it did not make sense that this employee would have an outstanding student loan, his job does not correlate with a student loan debt of 80k. After talking to the employee we called the Agency who had the order issued and sure enough, while the employee's name is the same as the order, the social security numbers were different. We went through the court and got the garnishment stopped. Well this morning I received another garnishment order for the same loan.

Does anyone have any suggestions on how to get these orders to stop? The employee has never lived in Pennsylvania, does not have any kids that he would have co-signed for.

 

[LdiJ]

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

I know 3rd party questions are not welcome, but I'm hoping someone can help me out with an employee.

I work in payroll and earlier this year I received a wage garnishment order for an employee for a delinquent student loan of over 80k. I get that there are many people that fall behind on student loans and get their wages garnished. However it did not make sense that this employee would have an outstanding student loan, his job does not correlate with a student loan debt of 80k. After talking to the employee we called the Agency who had the order issued and sure enough, while the employee's name is the same as the order, the social security numbers were different. We went through the court and got the garnishment stopped. Well this morning I received another garnishment order for the same loan.

Does anyone have any suggestions on how to get these orders to stop? The employee has never lived in Pennsylvania, does not have any kids that he would have co-signed for.

You might call the agency that issued the order and advise them that its already been determined in court that your employee is not the person that owes the money. See how they react to that.

 

[Newlydivmomto4]

You might call the agency that issued the order and advise them that its already been determined in court that your employee is not the person that owes the money. See how they react to that.

We did that the first time.

 

[LdiJ]

We did that the first time.

You said that you went through court and got the garnishment stopped last time. That means that they should not be bringing a garnishment order back again. You already know that your employee does not owe the money. Therefore you should not be garnishing his wages for a debt owed by someone else with a different social security number.

 

[single317dad]

Your employee needs a lawyer. It is illegal under federal and most state laws for a creditor to make a false claim like this one. Luckily you've caught this error before it damaged the employee (by overdrawing his checking account, perhaps) so there's little likelihood of compensatory damages, but statutory damages of up to $1,000 per violation will get a creditor's attention.