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Levy Against Former Employee

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  • 08-21-2019, 08:17 AM
    ZeeZee
    Levy Against Former Employee
    My question involves collection proceedings in the State of: Michigan
    We received a levy on one of our past employees. I cannot find any information how to handle this if it is a past employee. Only if they are a current employee. The form is 668-W and there is no way to respond to it unless they are current employee. How do I handle this as he is past employee?
  • 08-21-2019, 08:21 AM
    llworking
    Re: Levy Against Former Employee
    Quote:

    Quoting ZeeZee
    View Post
    My question involves collection proceedings in the State of: Michigan
    We received a levy on one of our past employees. I cannot find any information how to handle this if it is a past employee. Only if they are a current employee. The form is 668-W and there is no way to respond to it unless they are current employee. How do I handle this as he is past employee?

    Return it to the sender with a letter attached explaining that he no longer works for you.
  • 08-21-2019, 08:22 AM
    ZeeZee
    Re: Levy Against Former Employee
    oh wow that is it? Include a cover letter?
  • 08-21-2019, 08:29 AM
    llworking
    Re: Levy Against Former Employee
    Quote:

    Quoting ZeeZee
    View Post
    oh wow that is it? Include a cover letter?

    Yes, that is it. I said attach a letter explaining that he doesn't work for you anymore. You don't need that AND a cover letter.
  • 08-21-2019, 08:31 AM
    PayrolGuy
    Re: Levy Against Former Employee
    There should be a page in the packet for the response. One of the options is "Taxpayer is no longer employed here as of _________________." Or words to that effect.
  • 08-21-2019, 08:39 AM
    ZeeZee
    Re: Levy Against Former Employee
    thank you :)

    I didnt see that at all in there but there was 2 pages of the same exact thing so maybe they forgot this form but Ill handle it as mentioned above. Thank you so much for your fast response. I am a new employee and try to figure out things before asking my boss all the time :)
  • 08-21-2019, 10:00 AM
    pg1067
    Re: Levy Against Former Employee
    Quote:

    Quoting ZeeZee
    View Post
    How do I handle this as he is past employee?

    I don't really disagree with anything you've been told so far. However...

    Are you the owner of the company? If so, I suggest you consult with a local attorney rather than rely on what an anonymous stranger on an internet message board (who may or may not be an attorney and may or may not be in your state) tells you. If you're not the owner, then I suggest you speak with the owner and ask how he/she wants to handle it and recommend that legal counsel be consulted. Responding in a way that doesn't comply with the applicable law could result in your company incurring liability to the creditor (especially if the creditor is a taxing agency).
  • 08-21-2019, 10:16 AM
    llworking
    Re: Levy Against Former Employee
    Quote:

    Quoting pg1067
    View Post
    I don't really disagree with anything you've been told so far. However...

    Are you the owner of the company? If so, I suggest you consult with a local attorney rather than rely on what an anonymous stranger on an internet message board (who may or may not be an attorney and may or may not be in your state) tells you. If you're not the owner, then I suggest you speak with the owner and ask how he/she wants to handle it and recommend that legal counsel be consulted. Responding in a way that doesn't comply with the applicable law could result in your company incurring liability to the creditor (especially if the creditor is a taxing agency).

    That advice is way over the top. Even if you don't think that I know the procedures regarding garnishment (and I do, having been an employer), the OP got similar advice from an HR professional. If the person doesn't work there anymore you notify the person or agency who sent the garnishment paperwork that the person doesn't work there anymore. There is no need at all to get an attorney involved.
  • 08-21-2019, 10:18 AM
    PayrolGuy
    Re: Levy Against Former Employee
    Quote:

    Quoting pg1067
    View Post
    I don't really disagree with anything you've been told so far. However...

    Are you the owner of the company? If so, I suggest you consult with a local attorney rather than rely on what an anonymous stranger on an internet message board (who may or may not be an attorney and may or may not be in your state) tells you. If you're not the owner, then I suggest you speak with the owner and ask how he/she wants to handle it and recommend that legal counsel be consulted. Responding in a way that doesn't comply with the applicable law could result in your company incurring liability to the creditor (especially if the creditor is a taxing agency).


    This isn't rocket science. The package for the 668-W has a place to simply check that the person is no longer an employee.
  • 08-21-2019, 10:27 AM
    pg1067
    Re: Levy Against Former Employee
    Quote:

    Quoting llworking
    View Post
    That advice is way over the top. Even if you don't think that I know the procedures regarding garnishment (and I do, having been an employer), the OP got similar advice from an HR professional.

    Over the top. LOL!

    I don't know you. I don't know where you live or have lived. I don't know your background or professional qualifications. The same is true of every other regular on these boards (you don't really think one should judge credibility based on a screen name, so you?!), save for "adjusterjack" and "Tax_Counsel," whom I've "known" through similar boards for probably 15 years or more. Whether the OP takes advice from anonymous strangers (despite the disclaimer) or heeds or disregard my cautionary statement is entirely up to him/her.
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