Can the court still order my check be attached for a medical bill when I owe my boss and they are taking it out of my check?

Business 6 views 4 answers
I am being sued for past medical bill. I recently had surgery so was only able to work part-time. So my boss gave me the hours I worked plus enough to make 3/4 of my check. So now I owe them. Can the court still order money taken out?

Attorney Answers

4
Eliot Wolf ·
Your check can generally be garnished after a judgment is obtained. You may be wise to consult local asset protection/debt settlement counsel to learn all your options.
0 upvotes
P Graff ·
If the employer does not properly pay the garnishment and gives you your full check, then the employer could be held liable for the amount not properly paid. See Utah R. Civ. P. 64D(j). From what I understand, an employer can only deduct from your paycheck those amount that you have authorized in writing. You should speak with an employment attorney to see how much, if any your employer may be able to deduct for your prepaid wages. Between these two completing claims, I think that the judgement would win. That is not to say that your employer could not get a judgement against you and start there own garnishment.
0 upvotes
Jory Trease ·
Sounds like your employer "gifted" you extra income to make sure you could survive even though you could not work the hours. Obviously, you have a very honorable employer. Don't jeopardize him or you by now trying to manipulate the priority of a garnishment over your choice to pay the employer back for his generosity. It will get both you and the employer in trouble. Instead, now is the time for you to consult with a qualified Bankruptcy Attorney to consider your options to address the medical and other financial circumstances that you are confronting in your life. It needs to be done now before you draw your employer further into the foray. Best of Luck to you.
0 upvotes

People Also Asked