The Lawyers.com Law Forums will be shutting down on June 30, 2017. We encourage you to resolve any outstanding discussions prior to that time. If you have any questions about this change, please email info@martindale.com.

Enforcing Wage Garnishment against self-employed person

Previous | Next
 rated by 0 users
Latest post Wed, Jul 2 2008 5:40 PM by adjuster jack. 2 replies.
  • Thu, Jun 26 2008 10:32 AM

    • mudpie
      Consumer
    • Top 50 Contributor
    • Joined on Wed, Aug 6 2003
    • WV
    • Posts 1,308

    Enforcing Wage Garnishment against self-employed person

    Does anyone have any ideas on how to enforce a wage garnishment order against a self-employed independent contractor? The Writ was served, but the individual refuses to meet their obligations. Generally, Can a Contempt of Court motion be filed?
  • Thu, Jun 26 2008 7:01 PM In reply to

    re: Enforcing Wage Garnishment against self-employed person

    Depends on the laws of the applicable state, which you didn't identify, and on what "self-employed" means.

    Generally, if a person is doing business under a fictitious business name, then he/she is not earning wages and, therefore, is not subject to wage garnishment. On the other hand, if a person is an employee of his/her own corporation, then he/she would, presumably, have wages, unless the corporation is set up to pay regular dividends instead of wages. In that case, a different form of levy/garnishment would be in order (again, though, it depends on the applicable state law).
  • Wed, Jul 2 2008 5:40 PM In reply to

    re: Enforcing Wage Garnishment against self-employed person

    If you can't do wage garnishment because of no wages, it might be possible to attach his receivables.

    You would have to summon him to court for a debtor's examination to find out who his client's or customers are and how he gets paid.

    Unfortunately, if he works on a cash basis that might not work.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
Page 1 of 1 (3 items) | RSS

My Community

Community Membership Search Community