TallTom
Registered
So as usual I find that I can probably get help here better than lots of places. I need to see if we have any dealer service mechanics in here, and any diesel mechanics if they are paid differently.
Background: I have a dude and his wife that owe my over 15K. I have a court judgment against them for it from 2 years ago. In that process the courts require they provide employer info as well as salary. At that time the husband testified that he worked for Penske trucks as a mechanic. Wife worked for a mortgage co. Post judgement garnishment began. Between the time of judgment and beginning of garnishment husband claimed he lost his job. Wife paid garnishment until Covid. Claiming she lost her job from it. Last March I pulled thier 4506T from the IRS to see their status. She was back working, and he claimed income from a tree service. I hired a private investigator. She is back working as she claimed. He is going to work. Not at a tree service but at a Ford dealership by the PI's report. So I had them re-served a debtors examination action. They met with my attorney. She admits to working again and he states he works at a dealership as a diesel mechanic but says he is commission only and therefore cannot by levied a set amount as he makes varying amounts month to month. In other words we can't garnish on a non salary income. He knows the laws. They usually do.
I believe this a lie. However my attorney says that he cannot charge them with perjury without proof of it. It is sworn testimony and he is bound by that without court hearing arguments. If I can provide evidence of perjury he will file for it. And that will be additional to the garnishment penalty.
However I as the original creditor can approach the debtors on my own to negotiate terms outside of court. I am not bound by FDCP if they enter into an agreement outside the courts. We already know we will be granted the resumption of Garnishment so that is a given if I take them back to court. They also know this. But if I bleed them for too much I suspect they declare BK to buy time. I will still get payments, but they will be less and I will have to wait awhile.
So finally now to my question to the mechanics here. Do dealers pay mechanics on commission only? I was a service manager years ago and we paid base salary plus commission on hours saved. Has it moved to commission and no salary now? Is it different for the diesel trade? I intend to and will call the dealership but only to confirm what I hear here. I can call in a roundabout way but I can't bring up a name as that threads some legal needles there. So I was going to confirm what I find out here but I have to do it on the low down like I'm looking for a job etc.
If I find that he is lying, I will give him the opportunity to know that he's committing perjury and will let them decide how much worse things will get in court. Or he can agree to make payments by private agreement and save him further hassle. I can bind that with my attorney and save them court cost and perjury charges.
So can I get an assist by Busa tribe here?
Background: I have a dude and his wife that owe my over 15K. I have a court judgment against them for it from 2 years ago. In that process the courts require they provide employer info as well as salary. At that time the husband testified that he worked for Penske trucks as a mechanic. Wife worked for a mortgage co. Post judgement garnishment began. Between the time of judgment and beginning of garnishment husband claimed he lost his job. Wife paid garnishment until Covid. Claiming she lost her job from it. Last March I pulled thier 4506T from the IRS to see their status. She was back working, and he claimed income from a tree service. I hired a private investigator. She is back working as she claimed. He is going to work. Not at a tree service but at a Ford dealership by the PI's report. So I had them re-served a debtors examination action. They met with my attorney. She admits to working again and he states he works at a dealership as a diesel mechanic but says he is commission only and therefore cannot by levied a set amount as he makes varying amounts month to month. In other words we can't garnish on a non salary income. He knows the laws. They usually do.
I believe this a lie. However my attorney says that he cannot charge them with perjury without proof of it. It is sworn testimony and he is bound by that without court hearing arguments. If I can provide evidence of perjury he will file for it. And that will be additional to the garnishment penalty.
However I as the original creditor can approach the debtors on my own to negotiate terms outside of court. I am not bound by FDCP if they enter into an agreement outside the courts. We already know we will be granted the resumption of Garnishment so that is a given if I take them back to court. They also know this. But if I bleed them for too much I suspect they declare BK to buy time. I will still get payments, but they will be less and I will have to wait awhile.
So finally now to my question to the mechanics here. Do dealers pay mechanics on commission only? I was a service manager years ago and we paid base salary plus commission on hours saved. Has it moved to commission and no salary now? Is it different for the diesel trade? I intend to and will call the dealership but only to confirm what I hear here. I can call in a roundabout way but I can't bring up a name as that threads some legal needles there. So I was going to confirm what I find out here but I have to do it on the low down like I'm looking for a job etc.
If I find that he is lying, I will give him the opportunity to know that he's committing perjury and will let them decide how much worse things will get in court. Or he can agree to make payments by private agreement and save him further hassle. I can bind that with my attorney and save them court cost and perjury charges.
So can I get an assist by Busa tribe here?
