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Collection agencies for child support
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How to you handle employment verification requests from collection agencies for child support? As a policy we only give out info on employees if we have a signed verification authorization from the em
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Collection agencies for child support
posted at 10/25/2011 8:50 AM EDT
on Workforce Management
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Posts: 3
First: 10/25/2011 Last: 11/3/2011 |
How to you handle employment verification requests from collection agencies for child support? As a policy we only give out info on employees if we have a signed verification authorization from the employee (i.e. for mortgage or other inquiry). We only respond to garnishments for child support or other debt from court orders sent directly. We were contacted by a collection agency for employment information on an employee - although they send an old court order from another state as their authorization, I don't believe this is legal. How would you handle? |
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Re: Collection agencies for child support
posted at 10/25/2011 10:39 AM EDT
on Workforce Management
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Posts: 144
First: 9/21/2011 Last: 2/8/2013 |
I would call the number on the CS order and ask the court how to handle it before giving out any information. They may or may not be a legitimate agency for that order. And I would check to make sure that you never before received a CS garnishment order from that same court. Then even if it is legal in the other state, you need to work with your state law to see if it is legal in your state. (For example, while CS is a legal garnishment in TX, collections are not unless it is for the IRS. So this may or may not be legal in TX). And lastly you need to look at what rights collection agencies in your state have to employee information on wages, etc. Who can place a garnishment on your employee's wages? If they have the legal right to do so, then yes, they would need the information to be able to do so. But I would go through all those steps before I would give them any information at all. |
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Re: Collection agencies for child support
posted at 10/25/2011 12:14 PM EDT
on Workforce Management
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Posts: 32
First: 10/25/2011 Last: 8/27/2012 |
In my experience this is unusual. Usually a state will manage its own child support collections through a state contracted agency. The state agency communicates diorectly with the employer, even if it is an out of state matter. While certainly this query could be legitimate I would seek additional information from the "collection agency" before4 proceeding further. |
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Re: Collection agencies for child support
posted at 10/26/2011 12:46 PM EDT
on Workforce Management
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Posts: 2
First: 9/27/2011 Last: 10/26/2011 |
In Response to Collection agencies for child support: How to you handle employment verification requests from collection agencies for child support? As a policy we only give out info on employees if we have a signed verification authorization from the employee (i.e. for mortgage or other inquiry). We only respond to garnishments for child support or other debt from court orders sent directly. We were contacted by a collection agency for employment information on an employee - although they send an old court order from another state as their authorization, I don't believe this is legal. How would you handle? Posted by DocHR I agree that it seems unusual to receive this from a collection agency rather than a court. You need legal counsel on how to proceed. In the interim I don't believe you're legally required to respond, and if you should hear from the agency again you can refer them to your legal counsel. This is too much of a legal minefield to try to go it alone.This is what lawyers are paid for. |
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Re: Collection agencies for child support
posted at 11/3/2011 11:13 AM EDT
on Workforce Management
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Posts: 3
First: 10/25/2011 Last: 11/3/2011 |
In Response to Re: Collection agencies for child support: I would call the number on the CS order and ask the court how to handle it before giving out any information. They may or may not be a legitimate agency for that order. And I would check to make sure that you never before received a CS garnishment order from that same court. Then even if it is legal in the other state, you need to work with your state law to see if it is legal in your state. (For example, while CS is a legal garnishment in TX, collections are not unless it is for the IRS. So this may or may not be legal in TX). And lastly you need to look at what rights collection agencies in your state have to employee information on wages, etc. Who can place a garnishment on your employee's wages? If they have the legal right to do so, then yes, they would need the information to be able to do so. But I would go through all those steps before I would give them any information at all. Posted by rrupert Thanks RRUPERT, as always you have sound advice. I called the number on the CS order and they confirmed that we should only act on a court order which was my always my understanding. However, I wanted to see whether they were connected or familiar with this collection agency. They were and I sensed that they were aware of their unprofessional collection attempts. I never gave anything to the collection agency except our standard policy "ie. company policy dictates that any requests must be accompanied by a signed authorization of the employee and/or former employee." The collection agency never provided a written release; however, they kept trying to go around me to get information from others in the organization. Very sneaky. |
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Re: Collection agencies for child support
posted at 11/3/2011 11:14 AM EDT
on Workforce Management
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Posts: 3
First: 10/25/2011 Last: 11/3/2011 |
In Response to Re: Collection agencies for child support: In my experience this is unusual. Usually a state will manage its own child support collections through a state contracted agency. The state agency communicates diorectly with the employer, even if it is an out of state matter. While certainly this query could be legitimate I would seek additional information from the "collection agency" before4 proceeding further. Posted by HRPro THanks HRPro...it was very unusual and the query was not legal after investigating further. |
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Re: Collection agencies for child support
posted at 11/4/2011 5:19 PM EDT
on Workforce Management
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Posts: 1
First: 11/4/2011 Last: 11/4/2011 |
When I receive information like you have described, I often will send a letter that requests the court document that requires me to provide the information, the release signed by the employee and/or the statute that requires me to produce the information without the order or the release. If the request is legitimate then the company will forward the information to you. If not, then you have not violated an order -- or the rights of the employee. |
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