[h=2]Definition of 'Garnishment'[/h]
A legal process whereby payments towards a debt owed by an individual can be paid by a third party - which holds money or property that is due to the individual - directly to the creditor. The third party in such a case is generally the individual's employer and is known as the garnishee. Garnishments are typically used for debts such as unpaid taxes, monetary fines and child support payments.
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Discussion in 'Schneider' started by Helowrenchturn2, Aug 11, 2014.
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Schneider's fallacious reasoning is premised upon the assumption that if one's legal obligation to pay a court order is disregarded they become legally responsible for the court ordered garnishment. While it is true this scenario is the law the fact that they are deducting your obligation releases them of any legal accountability. If you don't work, earn enough to cover the garnishment or go on vacation the court ordered garnishment remains and is simply resumed when your earnings resume.
Doubtless some individuals may fallaciously use the IC advance (for operating expenses) to get their money for themselves while pushing the garnishment obligation back or off. The problem with IC advances at Schneider is the payroll deduction for the garnishment is a request by you. An IC is not an employee of SNI. The legal responsibility lies with you and your business entity - not Schneider National. The garnishment deduction should have been a request by you. Schneider National is entitled to a small, predetermined and set fee for deducting it from your settlement. This too is the law.
The other problem is, and again a legal one, is the IC advance is part of the operating agreement between you and SNI. It can't legally be voided at whim.
What would happen if you disregarded the court order and Schneider didn't deduct it from your settlement? The court would issue a warrant for your arrest for contempt of court and you would have to show cause why you haven't paid it.
The court system tracks your earnings via your SS number. A court order never goes away and is valid and binding until satisfied.Last edited: Aug 11, 2014
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A garnishment is limited to a percentage of one's earnings. It can't exceed that percentage nor can it leave one destitute.
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If they are taking the CS payment out of your pay before you receive it because you're behind, then it is indeed a garnishment.
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are you a contractor or company driver I seem to have missed that detail..
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IC. 10 characters.
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