In 2008 my boyfriend was sued by his ex girlfriend and the parties came to an agreement as follows:
defendant will reimburse plaintiff the amt of $8500.00 which represents full and final settlement .
defendant shall pay the reimbursement amount of $8500 in monthly payments of $100 without interest on or before the 5th commencing aug 2008.
In the event of default by defendant, plaintiff is entitled to a judgment in the amt of outstanding balance owed on the $8500 debt plus $3000.
both parties agree to pay their own attorneys fees.
defendant paid $1300 and stopped paying due to financial hardship.
in novemeber of 2009 plaintiff filed default judgment with court stating defendant had made payments totaling 1300 toward debt ,stopped paying after sept 20 2009 and is in default. defendant failed to abide by terms of stipulation and plaintiff is entitled to judgment of 7200 plus an additional 3000 for total judgment of 10,200.
both the defendant and myself thought that the 3000 was the punishment for defaulting along with having this on credit report
and possible lien against homestead.
in 2012 defendant and I married.
yesterday my husband (defendant) received in the mail an earnings garnishment/debtor's answer.
in the earnings garnishment paperwork to garnishee the plaintiff added unpaid post judgment interest and estimated costs of this earnings garnishment to the unpaid balance on judgment plus the $3000 .
can we dispute the unpaid post judgment interest? the settlement agreement
clearly stated no interest and if defendant defaults $3000 would be added to unpaid balance. nowhere did it say he would also incur post judgment interest. we thought she had placed a lien against the house and were in the process of selling collectibles on ebay in the hopes to come up with enough to offer a settlement amount to have this concluded.
can we check the "I have another defense to this earnings garnishment" box? and attach copies of the original settlement, the default papers and an offer to settle immediately?
and is she legally able to add unpaid post judgment interest?