Want this question answered?
No, not if she's and "independent" contractor, the company just gets clients for her and takes their cut of her pay.
Yes, contractor income is subject to garnishment. Creditors can garnish wages, salary, commissions, bonuses, and other income paid to the defendant during the period of the writ; land contract payments; rent; and other periodic debt or contract payments. This would include contractor income subject to 1099 disclosure. All they have to do is locate who you are working for and serve them with garnishment papers.
You usually recieve a 1099-MISC if you are an independent contractor. If you did a side project for a check, then the company does not take out the taxes, but you have to pay the tax on the project.
You should go to thecounty recorders office (county that subject property is in) and file a lean on that property.
What you do for a living means nothing. If you have a debt that is garnished, the money will be taken. If the garnishment is for taxes, you should have paid them when you were supposed to.
18 months
What does your contract have to say?
Your company will pay for the insurance if you are driving and working for a specific company. If you are an independent contractor driving for someone, you will have to maintain your own insurance for your job.
Agreement for Independent (IRS Form 1099) Contracting Services(Download)_____________________, referred to as CONTRACTING PARTY, and ___________________, referred to as INDEPENDENT CONTRACTOR, agree:INDEPENDENT CONTRACTOR shall perform the following services for CONTRACTING PARTY:_______________________________________________________________at the following rate of pay:_______________________________________________________________This agreement shall begin on ________________ and shall terminate on _________________ unless earlier terminated.Contracting Party may terminate this contract on ____ days notice to Independent Contractor for unsatisfactory performance.Both parties acknowledge that the Independent Contractor status is valid and that the Contracting Party would not have entered into this Agreement unless the other party was an Independent Contractor and warranted the same to the Contracting Party by signing this Agreement.THIS IS AN AGREEMENT FOR INDEPENDENT CONTRACTING SERVICES. THE CONTRACTING PARTY PROVIDES NO BENEFITS SUCH AS UNEMPLOYMENT INSURANCE, HEALTH INSURANCE OR WORKERS COMPENSATION INSURANCE TO INDEPENDENT CONTRACTOR. CONTRACTING PARTY IS ONLY INTERESTED IN THE RESULTS OBTAINED BY THE INDEPENDENT CONTRACTOR. INDEPENDENT CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING ALL TOOLS AND MATERIALS REQUIRED FOR PERFORMANCE OF THE TASKS AGREED TO. INDEPENDENT CONTRACTOR IS RESPONSIBLE FOR PAYMENT OF ALL FEDERAL, STATE AND LOCAL INCOME TAXES.Dated: _____________________________________________________________________________CONTRACTING PARTY BY AN AUTHORIZED OFFICER_________________________________________________INDEPENDENT CONTRACTORAgreement for Independent (IRS Form 1099) Contracting ServicesReview ListThis review list is provided to inform you about this document in question and assist you in its preparation. You are wise to get this agreement signed with independent contractors to protect your interests in any IRS audit. It serves to document the providers role as a 1099 contractor as opposed to being an employee.1. Make multiple copies. Put one in the file kept for the individual service provider and another in your accounting files. Give one to the provider themselves.
The company needs to know the definition of independent contractor in their state. The worker needs to fit that role in pay and work assigned. Changing over may trigger a payroll tax audit for the business so following the state laws is significant.
The employer WITHHOLDS the amount required in the garnishment and pays that amount each pay period to the company/person having the legal right to that amount.
If you can't pay off the debt in full, you can offer a payment agreement to the collection company. If they accept, you will have to pay as agreed to avoid further collection action and/or garnishment.