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Garnishing from a debtor who is self-employed

Rome, GA |
Filed under: Employment

How does garnishing from a debtor who is self-employed work? My boss has not paid my wages, I have a FIFA but I was told to start a garnishment.

Attorney Answers 2

Posted

Your question isn't clear. A person who does not receive wages cannot be subject to a wage garnishment. However, your creditor may attempt to attached (seize) funds in your bank accounts.

I hope this information was helpful.

Van Wieren Law Firm, LLC
www.atlanta-bankruptcy-lawfirm.com

*My response to your post did not create an attorney-client relationship.

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Posted

If your boss is a sole proprietor (e.g. unincorporated) you will likely be unsuccessful in attemepting to file a traditional wage garnishment against him/her. On the other hand, since you have a Fi.Fa, if you know where he banks (from past pay checks), then I recommend you try a regular (bank) garnishment on that bank. If you don't know where he/she banks, you may be able to send him/her post-judgment questions (called discovery) to locate assets and/or bank accounts.

Dean R. Fuchs, Esq.
404.688.8277

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