Can a former employer hold my overtime to pay for garnishment? 1 Answers as of April 22, 2011

I worked for a business for 5 years, after leaving a month ago I sought payment for overtime wages that were never paid in the time I worked there. At the same time a previous creditor of mine that had a garnishment against me in the prior year contacted my ex employer to seek payment because they had not garnishment my wages as directed in the FOG. (That debt was discharged 100% in my bankruptcy). My ex employer used the wages from my overtime claim to pay for the damages the former creditor was seeking.

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Law Office of Neal L. Weinstein
Law Office of Neal L. Weinstein | Neal L. Weinstein
You can bring a claim against the creditor, in bankruptcy court, if the creditor garnished your wages after being discharged in bankruptcy court, and this could result in contempt of court charges or even criminal charges against the creditor. Talk to the Trustee in bankruptcy. If no court order was in effect to garnish your wages, at the time you earned them, the employer cannot withhold those wages. Additionally, if the bankruptcy discharged the debt, the employer would have to repay you in full for the expenses, and in many states may be in violation of state employment laws and have to pay additional damages and attorney's fees. Check with a local attorney familiar with employment laws.
Answer Applies to: Maine
Replied: 4/22/2011
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