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COA upholds $12 garnishment

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A Miami Circuit Court did not err in its interpretation of a statute involving garnishment of wages when ruling a company was correctly withholding only $12.17 from an employee, held the Indiana Court of Appeals Wednesday.

Mari Miller filed a petition in September 2010 against Waterford Place, the employer of Fabian Calisto, arguing it was in indirect contempt of a court-ordered garnishment for deducting just over $12 from Calisto’s paycheck.

A jury found Calisto liable to Miller in 2001 for $900,000 in compensatory and punitive damages. Under Indiana Code 24-4.5-5-105, his employer was to deduct 25 percent of his wages. At the same time, he was also having $348 withheld to satisfy a child support order. Miller didn’t believe Calisto's then-employer, Care Centers Inc., was properly garnishing his wages and the trial court found the employer in indirect contempt, holding the amount of his wages subject to garnishment couldn’t be reduced by the child support withholding that was also taken from his wages.

Calisto later began working for Waterford Place, which garnished the wages in the similar way as the previous employer, finding that Miller was only entitled to the $12 under statute because of the child support withholding. The trial court found Waterford to be correct in its calculations and denied Miller’s request for attorney fees.

The Court of Appeals agreed in Mari Miller v. Glenda Owens, et al., No. 52A05-1012-CP-742, finding the law-of-the-case doctrine to be inapplicable despite Miller’s arguments. An attempted appeal of the trial court’s previous ruling finding Care Centers in contempt for its garnishments was dismissed as untimely, and the trial court’s ruling was not adopted by an appellate court’s decision.

The judges also rejected Miller’s arguments that the trial court erred by not concluding Waterford’s arguments were precluded by offensive collateral estoppel. She never presented this claim to the trial court, and even if she did, she wouldn’t prevail, wrote Judge Paul Mathias. Waterford wasn’t a defendant who had “previously litigated unsuccessfully in an action with another party” and wasn’t a party at all when the trial court issued its earlier rulings.

The COA looked at Section 105 and found it to be clear and unambiguous.

“If a person is subject to both a child support withholding order and a garnishment order, as is Calisto, then the garnishment order shall be honored only to the extent that the earnings withheld under the child support withholding order do not exceed the amount subject to garnishment under Subsection 105(2). As set forth above, the maximum amount subject to garnishment under Subsection 105(2) in Calisto’s case is twenty-five percent of his weekly disposable earnings, or $360.17,” the judge wrote. “Thus, pursuant to the clear and unambiguous language of Subsection 105(8), Miller’s garnishment order can only be honored to the extent that the earnings withheld under the child support order do not exceed $360.17. Calisto’s current child support withholding order is $348. The extent to which $348 does not exceed $360.17 is $12.17. This is the amount that the trial court concluded that Waterford was properly withholding from Calisto’s weekly wages.”

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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