Garnishment exemption

[quincy]

I may be missing something but I don't see how that applies.

Why do you think it does not apply? The employer is deducting more from the wages than is allowed.

 

[Zigner]

I may be missing something but I don't see how that applies.

This is the specific section: (2) The debtor may move the court for judgment against the garnishee for the debtor's actual damages if the garnishee deducts more from the debtor's earnings than is authorized by this subchapter.

In other words, the OP can sue the employer for the amount withheld.

 

[Zigner]

Read this (812.41): https://docs.legis.wisconsin.gov/statutes/statutes/812/II/40.html

Thank you - that covers the "Unless the law actually provides for it..." portion of my prior response

 

[quincy]

I was pretty sure the law I linked to said that.

 

[PayrollHRGuy]

I see the problem. Your link highlighted 812.40.

That is in 812.41

 

[quincy]

I see the problem. Your link highlighted 812.40.

That is in 812.41

The highlighting was part of the page. I did not highlight it.

And I correctly cited 812.41.

Reread my earlier post - more carefully this time.

 

[PayrollHRGuy]

https://docs.legis.wisconsin.gov/document/statutes/812.41(2) would have highlighted the part you were refering to.

 

[quincy]

https://docs.legis.wisconsin.gov/document/statutes/812.41(2) would have highlighted the part you were refering to.

Correctly reading what I wrote should have been sufficient.

But I am sorry my link worked to confuse you. It did not seem to confuse Zigner.

 

[Zigner]

Correctly reading what I wrote should have been sufficient.

But I am sorry my link worked to confuse you. It did not seem to confuse Zigner.

To be fair, he's right. Your link highlighted .40. Of course, .41 was only about 1" further down the page, so it wasn't hard to find

 

[quincy]

To be fair, he's right. Your link highlighted .40. Of course, .41 was only about 1" further down the page, so it wasn't hard to find

You are nothing if not fair.

I actually didn't notice the highlighting when I linked to the laws on garnishment - but I DID point out 812.41, which the highlighted portion obviously was not.

Whatever the confusion generated by the link, the law provides tchachi with legal recourse. He can sue his employer.

 

[latigo]

I may be missing something but I don't see how that applies.

I suggest that you try again.

 

[latigo]

Wisconsin.... So I received a garnishment of my wages for unpaid bill back in April. I promptly filled out the garnishment exemption form from the courts and turned it into the payroll department at my employer. She refused to sign and submit it as stated on the paperwork from the courts for the exemption. And now although they're willing to admit they made the mistake, are refusing to give me back my money that was illegally garnished. Is this something I can sue my employer over? I have since put in my two week notice as I cannot continue to work for an employer who treats their employees this way.

Be advised that under Wisconsin law "the garnishee shall accept as true and binding any exemption claimed in the debtor's answer or any amended answer received before payment is made to the creditor". In other words, whether valid nor not the employer cannot question the legitimacy of the employee's claim of exemption.

So, if the "garnishment exemption form" that you signed and delivered to your employer serves as your "answer" to the garnishment (and I suspect that it does) then you have legal grounds for a lawsuit against your employer seeking reimbursement of the amount of wages withheld as subject to your claim of exemption and as forwarded to the garnishing judgment creditor.

Beforehand, however, you need to consult with a knowledgeable local attorney to learn what of anything may be required preliminarily to filing an lawsuit against a governmental agency; which I suspect includes the school where you worked. Commonly it requires the formality of giving notice of the claim to the agency after which there is a set period before the lawsuit can be filed. Also, the time for filing the notice of claim is often limited to a number of months.

 

[quincy]

I agree with all that you wrote, latigo, and I also agree that it would be smart for tchachi to consult with an attorney (although an attorney might eat up a good portion of the $1600).

I do have some concern over the delay by tchachi in reporting the garnishment error. It could have/should have been corrected several months ago, which would have reduced the amount of damages.

 

[PayrollHRGuy]

I suggest that you try again.

I did and even posted a link with the correct paragraph highlighted.

 

[tchachi28]

If I'm not mistaken.... Can't lawyer fees be included in the judgment amount if I win the case?