calls about garnishing wages
Caroliso
352 Posts
I just got off the phone with a creditor (I think) and wondered how other folks handle these kinds of calls.
Our policy is that we don't garnish wages unless required by law, unless the employee requests. We inform employees of all formal and informal requests.
So, this person called to ask if we "got the information" on wage garnishment for a particular person. I said I would need to check and call them back. I did so--the answer was no--and called the person back. The company had "Financial" in the title and clearly the number was into a switchboard of some sort. I then had a conversation in which I agreed I was the person to whom such requests would go, gave them my name, title and business address, let them know our policy, and the person said they would send out the info to me.
During the conversation I found myself wondering if there were a better way to handle this. I felt I might be giving away info the caller was fishing for, although it wasn't anything more than if someone called out of the blue and said "May I speak to XXXXX?", or googled the company name. The caller was inquiring as to whether we were a school (we have "education" in our title) or a place of business. I didn't answer any questions about the employee, or even acknowledge she was an employee, but by saying we did not give out info on anyone associated with our business I gave away something.
How do others handle these kinds of "cold" calls? I'd like to inform our HR and Accounting, even our switchboard, staff a little better.
Our policy is that we don't garnish wages unless required by law, unless the employee requests. We inform employees of all formal and informal requests.
So, this person called to ask if we "got the information" on wage garnishment for a particular person. I said I would need to check and call them back. I did so--the answer was no--and called the person back. The company had "Financial" in the title and clearly the number was into a switchboard of some sort. I then had a conversation in which I agreed I was the person to whom such requests would go, gave them my name, title and business address, let them know our policy, and the person said they would send out the info to me.
During the conversation I found myself wondering if there were a better way to handle this. I felt I might be giving away info the caller was fishing for, although it wasn't anything more than if someone called out of the blue and said "May I speak to XXXXX?", or googled the company name. The caller was inquiring as to whether we were a school (we have "education" in our title) or a place of business. I didn't answer any questions about the employee, or even acknowledge she was an employee, but by saying we did not give out info on anyone associated with our business I gave away something.
How do others handle these kinds of "cold" calls? I'd like to inform our HR and Accounting, even our switchboard, staff a little better.
Comments
Welcome to the world of skip tracers or skip trace collectors. My wife used to be in this business (she managed a call center for one of the more reputable collection firms out there). Chances are the person who called you already has a judgement against the employee, now they need to verify he/she works there so they can have the garnishment order served. Another possibility is that they are simply fishing for the person's whereabouts so they can either collect or file suit.
Either way, as a matter of practice, I do not take calls from these clowns. Any garnishments come via process servers (sheriff, private individual, etc) or via certified mail.
Gene
Gene
Good to know if I sue a working deadbeat and win, I have recourse to get my cash if s/he is less than thrilled about paying me. I thought it was harder to get a court order to collect from an employer.
Our strict policy is, we don't verify employment for any of our staff unless the staff member has authorized us to release the info.
Unless I get an official garnishment order, in writing, from a court or other "competent legal authority" (say, a state child support agcy) I ignore it. I've NEVER had any competent legal authority call to verify employment before sending garnishment papers: they send the papers first-- then it's up to the employer to indicate the person doesn't work here, if that's the case.
There are very sleazy outfits out there who will send what may on face appear to be garnishment papers-- but have no authority whatsoever to garnish anyone's wages. Or they'll claim the employee has authorized garnishment.
We get maybe 2 a week, so it really is not a big deal to us. Your situation is most likely different and you will have to use your best judgment!
PORK
>for callers, if they have acorrect spelled name
>and ssn. No other information is provided w/o a
>signed release and "signture on file" is not
>good enough. I denied additional information by
>a person stating on the telephone that he was a
>deputy sheriff in a neighboring county. I told
>him he would have to FAX a warrant for the
>information that he needed about the ee, which
>was time card information. Sure as "shooting"
>he FAXes a court order and I sent to him the
>required information. It took him all of 15
>minutes to get the court order, so ask for it.
>By doing so the company is protected and the
>employee is also protected.
>
>We get maybe 2 a week, so it really is not a big
>deal to us. Your situation is most likely
>different and you will have to use your best
>judgment!
>
>PORK
Thanks, Pork, that's helpful. We routinely get Employment verifications for mortgages and personal loans, which as you know are accompanied by signed releases. Never had this happen before, we'll see what develops.
>for callers, if they have acorrect spelled name
>and ssn.
>
>PORK
Pork, I also meant to ask... how do you reason that it's okay to respond with that much info from the caller? Couldn't someone obtain a name and SS# fraudulently? Are you responding only to certain businesses or known entities?
Carol
May you have a Blessed day and a better day tomorrow!
PORK
Gene is right, although his wife will be chagrinned to learn that she was a clown in a prior life. They were probably trying to prepare the garnishment paperwork for the court and needed an employer upon whom it would later be served.
It's become less than 'best practice' to verify employment over the telephone. There are too many things going on out there.
>be calling to see if you got the paperwork, at
>least in my experience. And if I got such a call
>with the question you say they asked, my answer
>would be, "If a garnishment is served on our
>company, we respond as required by law,
>goodbye."
Hmm, you have a point. Thanks for the language, Don. I was caught unprepared this time, I won't be next time. Hope it doesn't come back to bite me in the ****.
Carol
Perhaps the term "verify employment" is shorthand for verify hire and term dates, salary, and other personal info.
Our policy is not to give out any information unless we have a written authorization from an employee to do so.
Garnishment of employees' wages is very tricky in South Carolina and there are only certain things you can garnish wages for (child support, IRS, student loans, etc.).
I've seen several of these things come from these payday check cashing outfits, trying to garnish someone's wages, which we don't do. I send a copy of it to the employee and ask them to take care of their business.