Recent Feedback
my husbands wages were being garnished and we got a home equity loan and our loan office sent them the money in full. The collector has failed to notify the clerk of courts in our county and so my husbands wages continue to be garnished. During the time frame my husband was being garnished they collector continued to charges 8% interest every three days until they received the check froim our loan company. NOw the collector has 638.51 of our money plus the 2070.51 they were paid by us by our loan company. how can we resolve this and do we have any way to charge the interest on monies the monies the court has sent to the collector.
Optional Information: State/Country of Question: Ohio Already Tried: spoke with the collector to try to pay them up front before they even started garnishment and they refused. Spoke with the collector again when they were giving the loan office a run around on the amount owed since they had already began garnishing my husbands wages but would not except payment from loan company minus what had already been garnished. spoke with collector again they received the check from loan office but did not report to courts yet that they have been paid in full and husbands wages were garnished again. spoke with our county clerk of courts and she told me that they did not receive anything from the collector stating it was paid in full but asked me to call them back to have the collector to fax a copy of payment in full judgement release. Clerk also suggested my husband call his payroll office and get there fax number so if collector sent a copy of payment in full and judgement satisfied that they could stop garnishment. this is where we are at. Since the collector has recieved payment in full we are trying to get back our 638.51 and have the courts log that the judgement has been satisfied. My husband and I have been spending alot of leg work on our end and feel they should pay us the 181.00 they received for all the work they went through and charge them 8% every three days for the monies they have of ours that they have not returned.
Thank you for contacting our JA team for guidance.
You need to file a motion to terminate the garnishment based on satisfaction of the judgment and a motion for the return of the amount that the creditor took in excess of the judgment, plus interest.
You may also want to report the creditor to the FTC, the state consumer protection agency, and the state attorney general's office. This may help you in resolving the situation without having to retain an attorney to file motions in court.
Please let me know if you need additional information.
Best regards XXXXX XXXXX
TG
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Experience: JD, BBA Over 20 years legal and business experience.