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  1. #1
    Join Date
    Jul 2010
    Posts
    16

    Default Garnishment of Independant Contractor's Wages

    Hi All,

    From NYC

    Not sure how they deal with wage garnishment with independant contractors(IC), but have a bit of a problem with the jobs.

    I work in 2 places where you are on a list to be called for a job and if you cannot make it they go down to the next person. They like me so I get plenty of work. The last 5 months very slow for all.

    I have a cc bill overdue 5 months and am not yet in collections, but it's a tough, aggressive company and they are known for not negotiating. Fear I will soon get the summons

    So, since it is easier for the company just not to call me ,even though they like me, easier for payroll person, I could basically be fired without being told so (they can skirt the you are not allowed to fire with one garnishment law in NY since I am not an employee anyway).

    So, I was wondering if anyone thinks, if I end up in court, that I could explain that to the judge and just put the 10% in a different account for them to automatically deduct. Or would the judge not listen to your sob story.Or has anyone ever heard of the judge saying work out a deal and ok-ing it?

    Also, since my pay varies(one week I may not work, hence no paycheck, the next week slammed and good check. Would the judge look at past 1099's?

    OR , would it be stupid to ask that they garnish from my bank account(would set up new one) directly. This way no loss of job issue.

    Don't want to lose these 2 solid connections to work.

    My summers are always slow and winters pick up. I see it already.

    Also, should I mention to the Judge I am in modifying negotiations with my home.At this point, no shame, I'll play the sympathy card.

    Any answers appreciated.

    Thanks,

    Tere

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Garnishment of Independant Contractor's Wages

    Try to work out, then stick to, a repayment plan with the judgment creditor.

  3. #3
    Join Date
    Jul 2010
    Posts
    16

    Default Re: Garnishment of Independant Contractor's Wages

    [QUOTE=Mr. Knowitall;451843]Try to work out, then stick to, a repayment plan with the judgment creditor.[/QUOTE]

    Hi Mr Knowitall,

    Yes, I would love to but when i called them they said no.No lowering for a time, no restructure, etc

    They did take a hundred bucks, but that is just a band aid for me.Gives me another month befor I am at 6 months. I fear at one point I will be in court so wondered if any of the options in my first post were possibilities.

    Or did you mean once it gets to court I could work it out with the Judgement creditor. Will they let you do that in court? Or does the judge just say, hey, that's the law and you will be garnished and just garnish the wages.

    Also, another poster replied that since I am an independant contractor they can't garnish wages, but I keep seeing all over the internet that they can.
    I figured I'd ask you because you know.... You Know it all. (Not being nasty, I really like your posts.)


    Honestly, thanks for replying.I like your straightforward answers, so if you have any insights........

    Thanks,

    Tere

    SORRY IF THIS IS A DOUBLE POST.WASN'T SURE THE FIRDT ONE POSTED.

    Re: Garnishment of Independant Contractor's Wages
    Quote Quoting Mr. Knowitall
    View Post
    Try to work out, then stick to, a repayment plan with the judgment creditor.
    Hi Mr Knowitall,

    Yes, I would love to but when i called them they said no.No lowering for a time, no restructure, etc

    They did take a hundred bucks, but that is just a band aid for me.Gives me another month befor I am at 6 months. I fear at one point I will be in court so wondered if any of the options in my first post were possibilities.

    Or did you mean once it gets to court I could work it out with the Judgement creditor. Will they let you do that in court? Or does the judge just say, hey, that's the law and you will be garnished and just garnish the wages.

    Also, another poster replied that since I am an independant contractor they can't garnish wages, but I keep seeing all over the internet that they can.
    I figured I'd ask you because you know.... You Know it all. (Not being nasty, I really like your posts.)


    Honestly, thanks for replying.I like your straightforward answers, so if you have any insights........

    Thanks,

    Tere

  4. #4
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Garnishment of Independant Contractor's Wages

    Are you a "per diem" W2 employee paid by check?? In that case, they can garnish your paycheck.

    If you are a genuine subcontractor who filed an I-9, then they cannot have a "writ of garnishment" served on the employer, because the company you're doing work for is technically not your employer.

  5. #5
    Join Date
    Jul 2010
    Posts
    16

    Default Re: Garnishment of Independant Contractor's Wages

    SCHINFCHIN,
    Thanks , but that brings up another question, on one job a get a 1099 for each service done. On one jpb, w2 with taxes out for as though refular paycheck What is the difference?


    Both pay me to come in when needed, one takes taxes out? Maybe nmisclassification.

    Also never heare of per diem W2.

    I keep learning on these boards.

    Thanks,

    Tere

  6. #6
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Garnishment of Independant Contractor's Wages

    "Per diem" is just a daily rate, that's all.

    ICs do not have "wages"; employees have "wages".

    What do you do exactly? I'm not at all comfortable with you being paid as an IC and as an employee for the same company, assuming you do the same type of work all the time. Is that the case?

  7. #7
    Join Date
    Jul 2010
    Posts
    16

    Default Re: Garnishment of Independant Contractor's Wages

    Quote Quoting PattyPA
    View Post
    "Per diem" is just a daily rate, that's all.

    ICs do not have "wages"; employees have "wages".

    What do you do exactly? I'm not at all comfortable with you being paid as an IC and as an employee for the same company, assuming you do the same type of work all the time. Is that the case?



    Sorry if I misled you. I have 2 jobs.

    The structure for the jobs is the same at each place. They call me when needed(work in a spa when people request spa treatments, so get paid per treatment).

    One pays 1099 one pays W2 for each treatment done. Issue as I have stated above is if wages get garnished, they just wouldn't call me(they have others to call) and I would be out of jobs. So wondered if the judge would request we work out an installment loan without garnishment or is that not heard of once it gets to judgement wage garnishment hearring?

    Thanks,

    tere

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