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Employee Payroll made error in calculating garnishment

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Mike703

Member
What is the name of your state? Virginia

A company placed a garnishment summons against me that was sent to my employer. The payroll department put this into effect and notified me of such (in early November) along with the amount they were going to garnish (25% net income). However, after checking the initial pay statement after the garnishment went into effect, the payroll dept had made an error and deducted 25% of my gross income ($315.73). I notified them immediately both by email and phone. After talking to them, they agreed that the amount was incorrect and issued me a check for the amount that was owed to me (this all took place in November).

Today (Jan 25th), I received an email from payroll stating that they, in addition to miscalculating the garnishment amount, also made the error of sending a check for the miscalculated amount to the creditor. They also stated that they will be deducting my wages to make up for the error that they made.

Is there any way to dispute this since the errors were made on my employer's behalf and not on my end? I have documentation of how much they were supposed to deduct and also when I notified them of the error. There was no reason or consent to send additional funds on my behalf.
 
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racer72

Senior Member
You were going to end up paying the full amount of the judgment through the garnishment anyway, you will be paying it off a little bit earlier. Also, you now owed the amount to your employer so the amount is not part of the 25%. Just because your employer made an error, it does not mean they have to eat the loss.
 

bdancer

Member
If YOU had paid your creditor as you promised, your employer would not be involved. Some employers frown on employees who fail to responsibly handly their finances.
 

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