Thursday, July 5, 2012

Can a Garnishment Be Filed Against Boilermakers?

A boilermaker is a craftsman specializing in installing, repairing and creating boilers, vats, metal drums and any large holding container used for liquids and gases. Since boilers are used to keep water and gases under extreme pressure and temperature, it is imperative for the boilermaker to know his craft. Since most boilermakers work for companies, a creditor can get a boilermaker's wages garnished. A boilermaker owing child support payments may also have his wages garnished.

Garnishment

    Wage garnishment occurs when a court orders an employer to withhold payment of wages from an employee. A boilermaker's wages can be garnished, but only after a judge has ordered a wage garnishment.

Termination

    Under the law, if there is only one wage garnishment, a boilermaker cannot be fired for having his wages garnished. If there is more than one garnishment, a company can discharge the boilermaker without suffering any legal ramifications.

Exemptions

    All wages are not eligible for garnishment. A boilermaker can contest the garnishment by filling out the appropriate legal forms and going in front of a judge. Reasons for protesting the garnishment include disputing the actual legality of the claim, as well as having paid off any money owed. In addition, if there is another wage garnishment taking place, the new wage garnishment does not always go into effect. At times, the prior garnishments must be fulfilled before any other garnishments are activated. In other words, before new garnishments go into effect, older garnishments must be paid off.

Multiple Parties

    Garnishments pertain only to individuals. In the case of a college athletic team, such as Purdue University's basketball team -- called the Boilermakers -- a creditor attempting to garnish wages from the team would fail. Wage garnishment only affects wages, and a sports team does not get paid wages, although individual players may earn salaries. However, if a creditor attempted to get payment for services rendered and fails, the creditor can file a lawsuit against Purdue University to recoup any losses. If the creditor wins, the court typically orders the losing side to pay the attorney fees for both parties. If a creditor attempts to garnish the wages from one of the athletes, the garnishment would have to be from a debt the athlete incurred, and not a debt incurred by the team.

    However, if the team travels anywhere a passport is needed, a wage garnishment for overdue child support can prevent an athlete for the Boilermakers from getting his passport. At that time, if the team needs him, it is possible the team will pay off any monies due, as well as pay off the terms of the wage garnishment.

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