Enforcing Wage Garnishment against self-employed person

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Latest post 07-02-2008 5:40 PM by adjuster jack. 2 replies.
  • 06-26-2008 10:32 AM

    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?
  • 06-26-2008 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).
  • 07-02-2008 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.

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