[pandmel]

I have a young lady that works for me who had a vehicle repo'ed right after Christmas. Ex-husband in a recent divorce was supposed to make the payments. The vehicle was financed in both names. The vehicle was repossessed for his failure to make the payments. She was not even aware that they were behind. Forward to today.

I received a call asking for H.R. Department and asked how could I help. They wanted our address. I gave it to them they then the representative stated that they would be sending a garnishment for her.

In Georgia, there are provisions for pre judgment garnishments but the rules are strict. The only one that would apply to her is possibly being insolvent, she is not technically. But the person that files for such a Garnishment would have to post a bond 2 times the amount sought.

The person calling claimed to be the OC and gave the name as such. I told her not to worry about it if they don't have a judgment they could not garnish her. She is an emotional train wreck now. I let her have the rest of the day off.

Did this OC do something so terrible wrong that may offset their deficiency if they sue her?

Also, she claims to have not received the documentation required under state U.C.C., however it may have been sent to her ex husband.

Thoughts please.

Pandmel

[centex]

At what point in time did she ensure that the lender had her current address? Also, what responses did she get from the original lender to a call at the time of the repo asking about bringing the account current?

I would highly recommend against giving an employee guidance on what can and cannot be done based on your interpretation of statutes. As an employer, that puts you at risk in the event that they *do* manage to effect the garnishment. Given your other issues posted here and elsewhere, the headaches associated with providing legal guidance in the workplace as a non-practitioner would seem not to be worth the risk...

[Pale Rider]

She may have claims if the repo was not executed properly.

IMO, she should go after the ex-husband in civil court immediately for the past due amount he owes.

[lostnjax]

I agree with pale rider. On another issue though, as an employer you are setting yourself up for a road you don't want to travel down. I understand assisting employees with certain matters but on this one I would have to possibly refer her to the local law library or this site. I would distance myself from ANY possible liability. It's a crazy world out here and when an employer in good intentions attempts to assist an employee in legal matter he/she opens up a floodgate of lible.