Collection of debt from our employee

I don't think you're liable to give the names of the officers, the bank accounts and the list of assets of the company to CACH. You should contact your attorney and take legal help in this matter.

hi Manny,

let me see if I am understanding you....

CACH filed a debt collection lawsuit against one of your employees. CACH then named you as a garnishee as well in the lawsuit. Now CACH is harassing you and demanding that you provide confidential financial information about your company...do I have it so far?

OK, first of all, what is CACH suing for? Are they suing for a debt that your employee incurred? If they are suing for your employee's personal debt, they cannot name you as a garnishee unless you were personally a part of that debt. As long as this is a consumer debt, and your name and your company were not involved in the origination of this debt, they cannot do anything to you legally. That would be like me saying "Manny, you owe me $3000 for this debt, but I am going to go after your friend Joe over there, because he owns a company and has more money than you do". Thats not legal. The one and only way that they can come after you for a consumer debt is if you were one of the parties that originated the debt. Were you a cosigner? If so, then they can come after you. But if you were a cosigner, and your company name was not used as the cosigner, then it depends on how your company is structured.

Another thing--CACH has a well known history of breaking laws in cases like this. They are known for it. I would personally NEVER EVER agree to any obligation with ANY debt collector unless that debt collector can legally prove that I owe the debt, and can prove that they have the legal right to collect it.

Something else sounds funny here....you said that your employee and CACH "cannot agree on the amount". That isnt how court works. Court works like this--I sue you, saying "Manny owes me $5,000." You respond, saying "I do not owe Manny $5000, I only owe him $1000." The COURT decides, based upon the evidence presented, whether CACH even gets a judgment, and if they do, what amount it is for. It is not up to the two parties to agree on the amount. In my example, you can claim all you like that you only owe me $1000, but if I go before the court and show documentation that you borrowed $5000, and you cannot prove that you made $4000 in payments, you will likely lose your case whether you agree or not. Something doesnt sound right here, and with CACH being the ones that filed suit, I am not surprised at that.

Please give us some more details, such as if you cosigned or not, and what type of debt this is--credit card, personal loan, etc etc etc. That way, we can give you the best answers.