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cj1048
Joined: 05 Apr 2007
cj1048's page
Posts: 1
162 Magic Points
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Subject: Missouri Laws about Garnishment on Your Check
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Thu Apr 05, 2007 8:27 pm
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| In Missouri can a company garnishee your check for the same amount twice?? It went to court but the lawyer sent one to my husbands boss for 1500 as it was supposed to be and the other for 500 more under the same court number two garnishments?? It cost my husband his job. Is this right and now that he no longer works there the company sent us a letter saying we still owe 365 on the garnishment but the company says we owe 1800?? How do I get it settled?? The company we owed said to settle it pay the 1800 and we do not owe that much. Help please any information will help.. cj1048@sbcglobal.net |
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wwepatriot
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Subject: hmm
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Fri Apr 06, 2007 4:11 am
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| You never know who the coward is here, it could be cover up just to fire your husband after the first 1500 came to his boss, may of never been another 500 added, its different if you got any papers stating otherwise though. I am unclear though what these fees are for, is it lawyer fees or something? |
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CHARLOTTE BURCH
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Subject: MISSOURI LAWS ABOUT GARNISHMENT ON YOUR CHECK
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Sat Apr 07, 2007 4:08 pm
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| Yes I have papers from the lawyer on both I got them from the company that fired my husband they sent the first one to the company then about 3 months later they sent the second one to them.. The court only gave us the first one the second came from the lawyer with the same case number and everything only the amount was different. I have all papers the company that fired him gave them to us.. The company has a policy two garnishments are grounds for imediate dissmissal.. |
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CHARLOTTE BURCH
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Subject: MISSOURI LAWS ABOUT GARNISHMENT ON YOUR CHECK
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Sat Apr 07, 2007 4:17 pm
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| There is no explaination for the increase it is just there on the second papers. I tried to get a copy of the second granishment from the court but they only have the first one. The lawyer said everything he did is legal. |
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stanley
Moderator
Joined: 23 Feb 2007
stanley's page
Posts: 56
3357 Magic Points
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Tue Apr 10, 2007 9:23 am
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Why don't you consult another lawyer Charlotte Burch? You can go through MO laws on garnishment here:
http://www.moga.mo.gov/statutes/C525.HTM
_________________
Stan
BTW, I am not a lawyer, I am here to share what Life has taught me. |
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alock23
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Tue Aug 05, 2008 4:30 pm
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| It is illegal in the state of Missouri to have employment terminated due to garnishments, regardless of the company policy. Your husband can sue his ex-employer for unlawful termination. |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4493
8662 Magic Points
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Wed Aug 06, 2008 1:44 am
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| That is the info I am finding when I goolgle Miss. laws. I think you definately need to contact another lawyer and try to straighten this out. |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3993
1034 Magic Points
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Wed Aug 06, 2008 3:52 am
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If I were you I would contact the labor law information for your state. I deal a lot with these types of complaints in labor law, not the expert though, if you called our office here in Pennsylvania, I would say to call the labor law compliance office, just googled it for you and came up with
Department of Labor and Industrial Relations
Todd Smith, Director
421 East Dunklin Street
PO Box 504
Jefferson City, MO 65102-0504
Telephone: (573) 751-9691
Fax: (573) 751-4135
Office of the Director Email: diroffice@dolir.mo.gov
Public Affairs Email: publicaffairs@dolir.mo.gov
I would be questioning the policy that the employer has in place and if they are violating the laws file a complaint.
I am thinking about what if someone owes past child support or taxes, etc. what the hell does the employer care if the employee is doing their job. people get into situations beyond their control sometimes.
I know you need to deal with the collector, but this policy with this employer needs some attention also. goodluck and please keep us updated on this. I would be interested in what happens with this one. You may have a suit on your hands. I think that he was wrongfully terminated and that you need to contact these people to see what Missouri law has to say about this. hopefully it is the correct contact information, if not it is the same office so they can get you to the right folks, let us know what happens. good night all.
Ps. The only way these policies get changed is if people challenge them, what do you have to lose, he already lost his job.
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online |
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erb1953
Joined: 31 Dec 2007
erb1953's page
Posts: 621
-55 Magic Points
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Wed Aug 06, 2008 4:22 am
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You are giving some good advice here goodnatured, good eye on the details of this original posters concerns. I would not have thought about the labor end of this post only the collection end of it. I am sure this poster will be greatful for this angle on it. I am curious to see how this fans out also, I hope that the original poster will keep the forum updated as this issue progresses, should be interesting as you say.
great observation here, my ears and eyes will be open for a response on this one. |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3993
1034 Magic Points
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Wed Aug 06, 2008 10:52 am
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I sort of work with this stuff every day, I get calls and make the referrals out to the labor law compliance board in Pennsylvania. This is not what I do, it just that people see the job service as a place to call and maybe find out where to call and find their answers, so when I seen this it threw up a red flag for me. I just hope she and her husband can get some resolution for this, like I said, what if someone owes back child support, well that is sometimes a monthly garnishment so their policy is unfair and needs to be addressed. I should have ask what type of company it is also. Surely, if they are this uptight on this issue they probably do credit checks and background checks, they should have caught the delinquency then, right?
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online |
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erb1953
Joined: 31 Dec 2007
erb1953's page
Posts: 621
-55 Magic Points
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Thu Aug 07, 2008 2:32 am
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| you can tell that you have something to do with the industry, I am glad you found this post and have pointed this out to the poster, when they come back I am sure they will appreciate the advice. |
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HR_Pro_in_MO
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Subject: Garnishments in MO
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Wed Oct 01, 2008 2:37 pm
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| Sorry to be the bearer of bad news but here it is... MO law prohibits employers from terminating an employee for a single garnishment but they CAN legally terminate for subsequent garnishments. |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4493
8662 Magic Points
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Thu Oct 02, 2008 11:22 pm
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| I still feel this is unfair. What does garnishments have to do with how a person does their job? Is it costing them to garnish or just a pain in the butt so they decide to get rid of the employee instead? |
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Kim Bardmass
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Subject: Garnishments in Missouri
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Wed Oct 08, 2008 5:12 pm
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| I have a question. In Missouri if they garnish you wages, what is the percentage they can take from your net pay. |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4493
8662 Magic Points
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Wed Oct 08, 2008 11:06 pm
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| I am not sure on Missouri. I know they can garnish wages there but to what extent I don't know. Why don't you google it and see what info is out there. |
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