How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask DrakeLAW Your Own Question
DrakeLAW, Attorney
Category: Business Law
Satisfied Customers: 364
Experience:  Attorney at Drake Law Firm PLC
Type Your Business Law Question Here...
DrakeLAW is online now
A new question is answered every 9 seconds

Post Judgement question. Plaintiff "A" has money judgement

Customer Question

Post Judgement question.Plaintiff "A" has money judgement against Defendant "B".....
Defendant "B" pays money judgement directly to plaintiff "A"...
Plaintiff "A" fails to notify the court of satisfaction/payments towards judgement ( 3 payments over 3 months)...
Plaintiff "A" files for garnishment of bank account from Financial Institution "C"....
Plaintiff is seeking to recover the judgement again via garnishment....
Financial Institution "C" takes money from Defendant "B"'s account for garnishment.Does Defendant "B" have a claim against Plaintiff "A" and/or Financial Institution "C"
What is the cause of action?Does Maryland provide additional relief for "bad faith" garnishments?What are the implications for an attorney doing this ( if he was aware the client has been paid)
Submitted: 1 month ago.
Category: Business Law
Expert:  DrakeLAW replied 1 month ago.

Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

Expert:  DrakeLAW replied 1 month ago.

Are you saying the judgment was fully paid after the 3 payments over 3 months and before the garnishment occurred?

Customer: replied 1 month ago.
The request for garnishment was initiated during the second month (after 2nd payment).... It reaches the financial institution a little after the 3rd month (just after 3rd payment)..... Two of the three payments have been cashed...... the third check has not cleared....Garnishment is the entire amount of judgement, not accounting for any of the payments.
Expert:  DrakeLAW replied 1 month ago.

If the 3rd payment had been cashed, would that have paid the judgment in full?

Expert:  DrakeLAW replied 1 month ago.

Did you have an agreement with them that they would stay all collection efforts so long as you were making payments?

Customer: replied 1 month ago.
No agreement... Third payment should pay judgement unless there is an error on interest calculation.
Expert:  DrakeLAW replied 1 month ago.

Alright, so they didn't do anything unlawful by doing the garnishment since you had no stay agreement. What they did is pretty crummy. There is no claim against the bank because they are simply responding to the information provided them in the writ.

You need to contact that lawyer and get the math figured out and tell them to return the check and finalize the garnishment action so that the bank can return the remaining money to your account.

Does that answer everything for you?

Related Business Law Questions