My employer didn't send me a notification prior to the garnishment and states no accountability for the plaintiff mistake. I had waisted a work-day proving I'm the wrong person and since my wages were already garnished, no one is reimbursing me what they already garnished or the day's work. Don't I have the right to be reimbursed?
Because your employer failed to give you the paperwork on time, you should file a claim with the Labor Board.
The judgment creditor should also return all money taken. You should make a written demand, and then sue the creditor.
Yes, you have the right to be reimbursed for the monies that were incorrectly garnished from you. Make sure you send a written demand for amount taken from your. If your demand is ignored, you should file a small claims lawsuit against the judgment creditor who refuses to give back the monies wrongfully garnished.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
Counsel Lysle and Chen offer you excellent advice on how to proceed on this issue.
I would also ask the plaintiff to return the funds to you as he admits that this is a mistake.
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