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If you have a wage garnishment in place and the defendant quits is the employer required to file a final report with the court?

Akron, OH |

The judgment is 30% paid and defendant quit job. Is employer required to file a 'final report' with the court stating why no further garnishment payments will be forthcoming? Thanks.

More generally is the employer required to final a 'final report' in this scenario? If not if I terminate the wage garnishment myself are they required to file a 'final report' with the court? Thanks.

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Attorney answers 2

Posted

Even if you are not required, it would be the smart thing to do. Failure to properly notice has led to the employer being held liable for all of the potential garnishment in some jurisdictions.

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Asker

Posted

Thanks for the info! To clarify - I am the plaintiff and not the court. If say several months go by and the employer does not file a 'final report' (which is normally filed when a wage garnishment has been paid in full) and I asked for a 'show cause' hearing to determine why no further garnishment payments have been forthcoming could the employer being held liable for the balance of the debt even if the employee had left their employ simply based on their failure to file a 'final report'? Thanks

Stuart M Nachbar

Stuart M Nachbar

Posted

it would probably need need malice and malicousness otherwise no

Asker

Posted

ok. Thanks!

Posted

Mr. Nachbar is correct-better safe than sorry. Good luck.

Asker

Posted

As I clarified(in comments section) to Mr. Nachbar I am the plaintiff not the court. In my original question scenario, including the additional information, can you tell me if the court is required to file a final garnishment report even if the garnishment has not been paid in full because the defendant was no longer employed there? Thanks!