On Monday, October 5, 2015, Federal Judge Marvin Shoob issued an amended Order in Strickland v. Alexander, in which he narrowed his original Order and limited the original Order’s application to garnishments filed against individuals’ assets held in financial institutions. Judge Shoob stated that the issue of continuing wage garnishments was not before the Court in the Strickland case, but that his opinion “expresses no opinion” on the constitutionality of wage garnishments, leaving the possibility that the constitutionality of wage garnishments may be challenged in a future case. Under this revised Order, employers should expect to receive new garnishment actions and courts should once again accept funds with answers. Any employer served with or subject to a garnishment summons should comply with its obligations.
Contributor: Jessica A. Schoendienst, Law Clerk | Weintraub Tobin