Garnishment exemption

[tchachi28]

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.

 

[PayrollHRGuy]

If they haven't turned over the money to the court or entity you owed the money they should give it back to you.

Did the take more than 20% of your wages?

 

[tchachi28]

By the way before I get the "you owe it and should pay it" speech. This was a debt that somehow got overlooked in my divorce. So it actually wasn't mine to begin with. But now it is. And thats the reason I filed the exemption form.

 

[tchachi28]

They sent the money off to the collection agency already. And no they didn't take more than 20%. But in Wisconsin there are several way to be exempt from garnishment. I qualified for more than one of those options. The paperwork from the court says fill out the exemption form turn it into your payroll department in the garnishment instantly stops. She failed to do that not sure if it was intentional or if she just overlooked it but either way she didn't do it. And we're not talking a extremely large amount of money it was only $1,600 but now is a single parent trying to raise four kids that's a big chunk of change.

 

[Zigner]

By the way before I get the "you owe it and should pay it" speech. This was a debt that somehow got overlooked in my divorce. So it actually wasn't mine to begin with. But now it is. And thats the reason I filed the exemption form.

Your entire reason to file an exemption form is because YOU missed this debt during your divorce? That's not a valid reason for exemption.

 

[tchachi28]

No the reason for the exemptions was one because I received State assistance and two I'm below the poverty line.

 

[quincy]

No the reason for the exemptions was one because I received State assistance and two I'm below the poverty line.

If you provided the exemption form to your employer in April, why did you not follow up on this sooner?

 

[tchachi28]

I have been following up trying to work this out with my employer. There Solutions were just ridiculous. They offered to give me a loan for the amount of money that they took out that I would have to pay back, they also offered me extra hours at work so I could work for the money that was taken a second time, and the last straw was when they tried to buy me out for less than a third of the amount that was taken.

 

[PayrollHRGuy]

That isn't a reason to wait 7 months.

 

[quincy]

I have been following up trying to work this out with my employer. There Solutions were just ridiculous. They offered to give me a loan for the amount of money that they took out that I would have to pay back, they also offered me extra hours at work so I could work for the money that was taken a second time, and the last straw was when they tried to buy me out for less than a third of the amount that was taken.

You should have gone, and should now go, to court over the collection actions, disputing the amounts that have been garnished from your wages.

I find the 7 month delay in correcting the garnishment strange.

 

[tchachi28]

Part of the reason for the delay is I don't work over the summer months. I work a school schedule. The program runs till May and picks up again in Sept. And sorry looking back it was in Mid May this occurred. My point is I believe I'm protected under the law in this State. I followed everything by the court paperwork. They admit fault but refuse to fix it.

 

[quincy]

Part of the reason for the delay is I don't work over the summer months. I work a school schedule. The program runs till May and picks up again in Sept. And sorry looking back it was in Mid May this occurred. My point is I believe I'm protected under the law in this State. I followed everything by the court paperwork. They admit fault but refuse to fix it.

Take them to court and let them explain their failure.

 

[Zigner]

Unless the law actually provides for it, the OP really isn't damaged by this because th debt has been paid on his behalf. It's possible that his state's law will require that the employer repay the improperly garnished amount, but it's not a sure thing.

 

[quincy]

Unless the law actually provides for it, the OP really isn't damaged by this because th debt has been paid on his behalf. It's possible that his state's law will require that the employer repay the improperly garnished amount, but it's not a sure thing.

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

 

[PayrollHRGuy]

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