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Are we required to start a garnishment on employee that was termintated employee and then rehired?
Anonymous2 views1 answers
We have a rehired employee that we were served a garnishment when they were not employed
we had a turnover in our payroll department and have no recored of it on file, now they are asking the court for a conditinal judgment, and asking us to calculate what should have been withheld and forward that amount to the court
You received a garnishment for a person not a current employee. At that time you likely were required to report that the person was not an employee. That should end your duty until such time as you are again informed of the existence of the garnishment order. For all you know the employee could have paid his debt between the time of the notice and the time of rehire. I can think of arguments to the contrary, however.
Reading between the lines, it sounds like you may have failed to respond to the original notice and a contempt judgment is being sought.
Either way, you should consult with a competent local attorney, likely an experience collections defense attorney would be best.
