Help! Can Wage Garnishment be enforced on an 1099/Independant Contractor?

Status
Not open for further replies.

Timilisa

New Member
Hi, this is my first posting, and I'm hoping someone can help me. I am a stay at home mom, and my husband has been a Real Estate agent for the past 3 years. He is an independant contractor - A Real Estate Agent/ Loan Officer. The Broker that holds his license received wage garnishment order a few days ago. Neither the broker, nor my husband and I know what to do about the order. My husband is not an employee, and does not receive a salary, or even regular wages from the Broker. He splits a portion of a commission from the sale of a home or closing of a mortgage loan which does not even include witheld taxes. These commission splits few and far between in the current Northern California Real Estate Market. We may go months without receiving any commission splits at all.

The wage garnishment is the result of a voluntarily repossed car we could not afford and gave back almost 6 years ago. About 3 years ago we were served a summons to appear in court I assume to pay the remaining portion of that car loan off. The other party did not attend and we were given a future date to again appear for a Judgement. Honeslty I was pregnant with my first baby at the time of the first court date, and that is the best discription I can give from memory about it. The second date came and went for us as I was nearing the end of my pregnancy. I was very ill. I have Lupus, and in addition I had Gestational Diabetes, and Preclampsia. Our baby was born emergency c-section and frankly, the last thing on our minds was a car judgement we'd given back 3 years earlier. Never heard another word after that. No correspondence, no calls, nothing. Then boom! 3 years later, we get this wage garnishment. We plan on fighting the judgement and hiring a local attorney to help us, but as I mentioned, the real estate market is terrible right now, and we don't even have enough money to pay our current expenses this month, let alone have the sheriff take money away from us or have extra to hire an attorney. That is why I have search you folks out and hope you can help. Thanks so much
 
Are you SURE it is a garnishment (as opposed to an attachment).

In any event, if it is a garnishment, your husband needs to file a motion to quash it.
 
Status
Not open for further replies.
Back
Top