What do I do if my bank asked my employer to send them my final paycheck to partially repay a loan and without a court order?
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What do I do if my bank asked my employer to send them my final paycheck to partially repay a loan and without a court order?
Because I challenged that, my employer has withheld my final pay for 2 years since the end of my contract.
Asked on November 20, 2012 under Bankruptcy Law, New York
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Your lender cannot simply ask that monies not deposited into your account yet be extracted to deduct from what is owed on a loan. Two years is an awful long time to wait and your challenge could actually place your employer in hot water with the labor commission. You need to go immediately to the labor board and demand your money. File a consumer complaint against your lender with its regulator. It should have simply waited to get monies into your account, which it could have used to offset but this is simply taking and without a court order, it is simply deceptive.
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