I am in the process of collecting a judgment through wage garnishment and want a second opinion.
The employer did not respond to the court to confirm that they are or are not garnishing their employees wages or to my attorney's 10 day notice but they verbally confirmed that they are garnishing and mailed my attorney a check which they will deposit with the court.
Is it worthwhile to pursue a default judgment against the employer? My attorney thinks that the employer will plead ignorance and that he should try calling to explain how to respond to the court.
If a Garnishee Defendant ( employer ) does not answer your attorney may controvert the entire judgment against the garnishee defendant. That means because they ignored the court ordered withholding you get a judgment against the employer for the entire balance plus costs.
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I agree with the other attorney answer. You should also review RCW 6.27 et seq for garnishment procedures. Good luck!
My answer is general comment only. It does not create a lawyer-client relationship. If you require legal advice, please feel free to contact my office to schedule a consultation to discuss this further.
I agree with the other attorneys that it is legally possible to get a default judgment against the employer. But sometimes there are other considerations. The attorney that is handling your case may be familiar with how the local Judge will rule on a case like this if the employer moves to vacate the default judgment, because your attorney may have had this same issue before the Court previously. Your goal should be to get paid as quickly and efficiently as possible. If getting a default judgment against the employer is only going to be overturned and delay the process, your goal is not being achieved. A call from your attorney to the employer may actually speed up the process of getting you paid. I would listen to your attorney's advice if you are confident he knows what he is doing.
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