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D. WINOGO ESQ.
D. WINOGO ESQ., Attorney
Category: Legal
Satisfied Customers: 4714
Experience:  10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
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I got a stay on a writ of garnishment on my bank account and

Resolved Question:

I got a stay on a writ of garnishment on my bank account and my wages until a court day later this month. I represented myself and asked the judge if he meant my bank account and my wages and he said he did.

The lawyer said that she would send a letter to my bank and my workplace to this effect. That was last friday. today I found out that the law firm is not releasing the bank account until the court hearing. I checked with the clerk at the court and the ruling does say "garnishments".

How do I get the lawyer to send my bank a letter. My bank says I need a release of garnishment. can I get one of these myself
Submitted: 6 years ago.
Category: Legal
Expert:  D. WINOGO ESQ. replied 6 years ago.
A "stay" of the writ of execution on the garnishment simply means that the plaintiff cannot have the sheriff withdraw funds from your account or take a portion of your wages directly from the employer. However, this does not mean that you can access the funds in your account either. A stay as granted by the court means that neither side can touch the money.
Customer: replied 6 years ago.

The lawyer said she would notify the bank of the stay. I asked the judge if this meant I got my money and he said yes. They released the garnishment on my wages.

 

I'm not sure that the ruling was like an exemption. I was never served and the description of the server was that I was 4 inches taller then I am.

 

if it was not an exemption stay but a finding that I may not have been served wouldn't that be different

 

Terri

Customer: replied 6 years ago.

Thank you this is good information but I am not sure that that is what the judge meant since the lawyer said she would send a letter to both parites and I asked specifically what this meant.

 

I think I need to ask the judge for clarification and get a transcript if this is not too expensive.

Customer: replied 6 years ago.
I am asking for help on this issue. I found out that a motion to clarify is over $150 and that I can get a transcript but it will likly cost a lot. I have sent another email to the plantiff lawyer saying she is an officer of the court and must abide by what was clarified in court and ordered by the judge And that I would sue in small claims court and report her to the bar if necessary. I am hoping this was not too strong but I think she is rellying on a typical stay in an exemption hearing and I may be wrong but I believe the court ordered a release of funds and that is why she said she would send a letter to the court. I really need advice from someone who is a fighter.
Expert:  D. WINOGO ESQ. replied 6 years ago.
It sounds to me like the plaintiff was claiming that they served you with notice of the garnishment but they never really did. What the judge did was freeze the garnishment, meaning that the bank and your employer could not release any of the money to the plaintiff. That is presumably why the judge said that you could get your money. And the letter that the plaintiff lawyer was supposed to send was a simple letter to the bank and your employer stating that they should not let the sheriff take any of your money or anyone else. That is all. The judge is going to have a hearing to determine whether you really were served with the notice of garnishment or not. If after the hearing he finds in the plaintiff's favor, then the bank and your employer will be able to release your money. If the judge finds in your favor, then the garnishment will be dismissed and the plaintiff will not be permitted to garnish any of your accounts or wages.
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Customer: replied 6 years ago.
In fact they did remove the garnishment on my wages but not on the bank.
Customer: replied 6 years ago.
You gave me some good information but I was looking for a defendent based answer with where I could fight this if possible. I requested another answer and got one.