What do I do when a company ignores a garnishment request against a current employee that lost in small claims court?

Asked about 5 years ago - Salem, OR

I took my ex roommate to small claims court and won. Just over $400 in unpaid rent. I filed a garnishment with the county and the sheriff delivered it to her work. That was a month ago and I haven't heard anything since. What happens now? What are my options? How can her place of employment ignore a legal piece of paper ordering them to pay? Someone give me advice!

And, yes, she still works there.

Attorney answers (2)

  1. Shawn B Alexander

    Pro

    Contributor Level 20

    Answered . A writ of garnishment will stand against the wages for a certian period of time 60-90 days depending on the jurisdiction, after the employer witholds the correct percentage of the wages for the period the will answer with the amount, or known as a judgment on answer. The ne moeny will either be sent to you directly or to the court and then to you. You might call the employer to see if they have questions , that will tell you if they are witholding the money.
    The process is cumbersome and confusing for employers.
    Good Luck

  2. Mark Hankins

    Contributor Level 17

    Answered . Mr. Alexander is right that getting paid under the garnishment take time ... but if it's really not happening and it's the employer's fault, the law gives you great big sticks to beat them with.

    An employer that simply ignores a wage garnishment order is playing with fire. They are liable to YOU, irrespective of whether they actually withheld the employee's pay.

    If they are uncooperative, you will need to pursue additional remedies in court, including discovery in aid of execution and perhaps even getting a "show cause" order that would put the employer in contempt of court.

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