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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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A few months ago, I had a credit card company garnish my check

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A few months ago, I had a credit card company garnish my check from an old debt that I incurred when I was laid off from my last job. In addition to garnishing my check from my current job they also took about $1500 from a savings bank account to satisfy the debt. They continue to garnish my check without giving me credit for the $1500 they took from my bank acct. So now I have paid about $500 over the initial amount of the garnishment because my employer has no knowledge of the $1500. I wrote the plaintiff atty and put together a package/proof showing the totals from monies that have been paid, both through my paycheck and the bank acct. Its been at least a month and they still have not responded or stopped the garnishment. What can I get them to stop? Should I call them, see a lawyer?
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, in what state are you located in?
Customer: replied 3 years ago.


Thank you for your follow-up.

Is that the same state that issued the judgment against you, or is the judgment from somewhere else?
Customer: replied 3 years ago.

Same state, same county.

Thank you for your follow-up. That helps.

If the opposing party is playing dumb that they have over-collected or refused to remove the judgment, you have the ability to contact the courthouse that issued the garnishment order, and request a hearing with the judge demanding that he order the other side to remove the order AND pay you back both the extra funds unreasonably collected and your attorney fees. In addition you can claim that this is a violation of FDCPA (Fair Debt Collection Practices Act) and claim that if they do not repeal this method, you will sue them under the law for damages.

Good luck.

Customer: replied 3 years ago.

Should I first attempt to call them by phone and settle this or would you recommend I hire an attorney to do to deal with your suggestion instead?

Thank you for your follow-up.

It may be wise to first send them a certified letter giving them a set amount of time to get in touch with you to get this resolved, such as 7 business days. If that fails and they still ignore you, then you can resort to litigation and retain counsel.

Good luck.

Dimitry K., Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Thank you!

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