HOW IS SALARY GARNISHMENT APPLIED BY THE EMPLOYER?
With the finalisation of the enforcement proceedings initiated by the creditor, the creditor requests salary garnishment. In this case, a writ of attachment is written to the place where the employee works, that is, to his employer. In the writ of attachment, the employer is asked to notify the employer that the debtor’s salary has been garnished and the amount of the debtor’s salary and whether there are any other garnishments. The employer must now pay the money to the enforcement file by deducting 1/4 of the debtor’s salary.
WHAT HAPPENS IF THE EMPLOYER DOES NOT APPLY THE WAGE GARNISHMENT?
The employer who receives the writ of attachment. Of the employee must notify the enforcement office of the amount of the employee’s wage. Now the employer must pay. The money to the enforcement file. By deducting ¼ of the employee’s salary. Otherwise. The employer is liable for the amount not deducted from the debtor’s salary. In this case, it is not even necessary to sue the employer. At the same time, in this case, the employer also. Has a responsibility to the employee.
Because the employer deducts from. The employee’s salary but does not pay it to the enforcement office. The refore, the employee can now request the employer to pay this amount to the execution file. It is also a just cause of termination for the employee. However, if the employee pays the deduction. To the enforcement office before terminating the contract. The employee will not be terminated for just cause.
If the employee leaves the job, the employer must immediately notify the enforcement office. Otherwise, an investigation will be opened.
HOW TO OBJECT TO SALARY GARNISHMENT?
After the employer receives a notice of salary garnishment. An objection can only be made if there are some situations. If the debtor has paid the debt or the payment order sent before the salary garnishment has not been notified to him; It is possible for the employee to remove the salary garnishment deduction by objecting.
More than 1/4 of the worker’s salary cannot be garnished. If the employer deducts more than ¼ of the employee’s salary, the employee may object.
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