Employer not garnishing wages after recieving order

[Jeeplady66]

What is the name of your state (only U.S. law)? MN/WI

I won a judgement in conciliation court in MN against my ex-husband on an eviction case and was issued a money judgement for past due rent and expenses from the eviction/cleanup. I transferred the judgement to WI because he works in WI. I called his employer (a major restaurant chain) and they verified that they recieved the papers and she "saw something in the computer" about it. When I tried to ask about when I would recieve a check she wouldn't give out any more information. I have not recieved anything from his employer and I am wondering what to do about it.

I do have a cs garnishment against him for $263 a month that will expire in June 2010 when our daughter graduates. My research shows that 20% of a persons income is the max percentage that can be garnished in WI, but does that include the c/s withholding? I am not sure what his wages are (our order is very old) so it is possible that the 263 is over 20% of his wages--he is an hourly wage cook I think. In WI, you have to re file the garnishment orders every 90 days and the fee is something like $90. Should I just wait until July and refile for garnishment? What if his employer ignores the papers again??

 

[swalsh411]

Who did you speak to at the restaurant and how long ago was it? Was it somebody at the restaurant or in payroll at their corporate office? Have you tried to contact them again?

The point I am trying to make is that, right or wrong, you may need to do a little more work to get in touch with the right people. Making a few phone calls or even writing a letter is certainly a lot less work than trying to sue a major restaurant chain.

 

[racer72]

The maximum garnishment is Wisconsin is 20% of after tax wages, 25% for child support. Your ex is likely up against one of these limits. You would benefit by waiting till his other garnishment is finished.

 

[Jeeplady66]

Thank you racer--that is what I thought, but wasn't sure and didn't want to waste $ by re-filing with no good result.

swalsh...I spoke to someone in payroll at their corporate offices. One lady returned my phone call once, but that is it. No more return phone calls, and I have left 3 messages. I don't really want to sue the chain, just enforce the garnishment order in place. I know businesses can get in trouble for not garnishing, but not sure who to contact about it.

 

[CraigFL]

I own a business and have an employee that I must garnish wages. I would NEVER give ANY information about this to anyone that called on the phone. Your beef is with the state because they can be the delay. There is a significant period between the time I write the check and when the person actually receives the money from the state.

 

[Jeeplady66]

Ok, now I am a bit confused. I was under the impression that the employer should send me a check directly, not send it to the state or court. Is that incorrect?