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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 32243
Experience:  JD, BBA Over 25 years legal and business experience.
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How can I stop a garnishment that I am not aware of

Customer Question

How can I stop a garnishment that I am not aware of
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.
Hello and welcome.
My name is ***** ***** my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:
Is the garnishment a result of a judgment for damages against you? Did you defend in the underlying suit? What do you mean you are not aware of the garnishment?
I look forward to assisting you as soon as I have received this information. Thank you.
Customer: replied 1 year ago.
Yes there was a judgement in this case for $8,000 and my attorney appealed this.
We did not proof the appeal do to our appeal having to be tried in fed court. The final judgement was 13,703.76 which included attorney fees
Expert:  Tina replied 1 year ago.
Thank you for providing this additional information. The appeal was denied so it is no longer pending? Did you request a stay pending appeal?
Customer: replied 1 year ago.

The XXXX received a garnishment notice and has garnished these monies past spring. On Friday I received another reply to a garnishment that states they do have funds for us. This garnishment followed a reply that they did not. No one calls me back from bcbs

Customer: replied 1 year ago.

XXXX has debited our account now for over $25,000

Expert:  Tina replied 1 year ago.
I see.
A notice of the garnishment should have been sent to you and the garnishee, so you would have an opportunity to seek to quash the garnishment. The method for avoiding a garnishment typically involves filing a motion to quash it in the court which entered the garnishment order.
If the asset/income being garnished, you can typically stop the garnishment by claiming that the funds/asset is exempt from attachment. Bankruptcy is another method for terminating the garnishment as bankruptcy protection typically stays all legal proceedings against the debtor.
Here is a link which lists common ways to stop a garnishment and includes a link to a form to claim that the asset/income is exempt:
http://www.alabamalegalhelp.org/resource/wage-garnishments
Here is another link which includes form PS-13, which is a court document which can be filed to terminate a garnishment of a bank account:
http://www.alabamalegalhelp.org/resource/do-it-yourself-instructions-and-forms
I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!
Tina
Expert:  Tina replied 1 year ago.
Hello again,
I wanted to thank you for using Pearl.com, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.
Is there anything else I can assist you with?
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-tina/
Thank you very much and all the best to you.
Tina

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