Collections Law/garnishment vs recoupment
QUESTION: Hi I already have a wage garnishment..my employer informed me they overpaid me. Since I have direct deposit and no paper check stub I rarely go on line to check. Now they want to deduct my wages so between that and the garnishment I will have no income of the next 4 payment periods or 2 months. I tried to explain what happened and they,madebit seem like I knew and did this purposefully. I offered different ideas wven to pay it back over 8 pay checks to make,it so I can afford my cost of living expenses like mortgage and car payment but they won't budge... What can I do now??? Thanks
ANSWER: Since effectively your wages have been reduced while your employer is recouping the overpayment, your only real option is to make a motion to reduce the amount of garnishment, given that your wages are effectively reduced. I realize that that may be really difficult. I don't know if you have an attorney or even appeared in opposition to the garnishment. Your only other option is to find another job if you cannot get your employer to be reasonable under the circumstances. (I am assuming that you were overpaid; the employer may or may not have been partially at fault -- you didn't explain how the overpayment came about.)
This is a very difficult situation and I really sympathize. But what are your other options unless you have savings or someone who will loan you money?
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QUESTION: I thank you.. But one more thing.. Neither the garnishment or tecoupment started yet.. I met with the v.p. Of human resources and she is going to try to speak with payroll dept head about sperrading out the repayment from 4 pay periods to 8 or 10.. My biggest question is new jersey has a garnishment law of how much they can take out but does new jersey have a wge deduction law like many other states of no more,than 25% of disposable income
According to what I read, "Is my employer allowed to deduct money from my paycheck for mistakes that I make or for shortages in the cash register?
No, nothing can be deducted from your wages other than those items required or permitted under Federal and State law. Your employer cannot lawfully deduct money from your pay check for damage to company equipment or for cashier shortages."
This is the New Jersey law. So I would ask the V.P. what part of New Jersey law permits a set off for a payment error. If the company cannot point to something affirmative in the law, then it cannot be done. However, you can certainly work out a voluntary arrangement.