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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36982
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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BACKGROUND:My question pertains to allocation of collected

Resolved Question:

BACKGROUND:
My question pertains to allocation of collected monies. This is not a how-to-do collections question. I am looking for a detailed answer and law, but can't find it on this issue. Both parties are pro per.

The creditor lives in Michigan (me). The debtor lives in California (ex). The debtor owes me money on two different MI judgments and also owes past due MI child support.

Judgment #1: amount owed is $2900. I am set to collect $9500 from a California bank levy.

Judgment #2: amount owed is $10,056. I am set to collect $4600 from a different California bank levy. Although I do not know which will arrive first, but I am also set to receive $10,000 from a periodic wage garnishment.
_______________________

QUESTION:
When I collect the $9500 from judgment #1, I will file a satisfaction of judgment for #1, BUT... can I then apply the remaining $6600 towards judgment #2 even though the money came from the executed bank levy was for judgment #1? Or, do I have to give the remaining about back because it was garnished for a different judgment (same debtor)?

IF I should then collect the $10,000 from the wage garnishment, I will file a satisfaction for the other judgment, BUT... can I apply the remaining money received towards the debtor's $19,000 past due child support? OR, do I have to send send the money back because it was garnished for a judgment rather than for past due support.

_______________________

IN SUMMARY:
Does every garnishment or bank levy payment HAVE to be applied towards the source of the actual garnishment or bank levy order, or can money obtained for one judgment also be used to satisfy a separate outstanding judgment and/or past due child support?
Submitted: 10 months ago.
Category: Legal
Expert:  Irwin Law replied 10 months ago.
Does every garnishment or bank levy payment HAVE to be applied towards the source of the actual garnishment or bank levy order, or can money obtained for one judgment also be used to satisfy a separate outstanding judgment and/or past due child support?
Hello. This is general because there are a number of judgments and payment sources. It appears that you have more than one judgment and enough money in one account to fully pay one of them and leave money which could apply to the second. Therefore, you should attach the accounts on all judgments at the same time using orders which spell out exactly how much is to be applied to each. If you send an attachment for a $5,000 judgment balance and there is $10k in the account, $5,000 will be held and $5k released to the judgment debtor. The bank cannot do more or less than what the garnishment order tells it to do.
I hope this Answer is helpful and that you will give it a positive rating. If not, then do not enter a rating at this time and send back a Reply for more information or clarification. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.
Customer: replied 10 months ago.

Thank you, XXXXX XXXXX did not answer my very specific question. I need someone who will read everything and answer accordingly.

Customer: replied 10 months ago.
Relist: Inaccurate answer.
The question was very specific and the answer was general and way off base.
Customer: replied 10 months ago.

Do not reply. I will get the answer from another attorney. Thank you.

Expert:  Dimitry K., Esq. replied 10 months ago.
Thank you for your post. A different professional here. Do you still require assistance at this time? Please advise!
Customer: replied 10 months ago.

Yes. If you could please read the entire entry before answering, I would be most appreciative. It is a very specific and unusual issue. There are two MI judgments. But, since I registered the judgments in California, I also have two sister-state judgments. I then proceeded to bombard the debtor with writs of executions throughout MI and CA, thus the reason I will receive more than is owed. Does that help explain the question?


 


 

Expert:  Dimitry K., Esq. replied 10 months ago.

Thank you for your follow-up. I will be more than happy to go line by line to ensure that I do not miss anything. I do, however, have to state that this is not quite as unusual as it appears--individuals and companies often need to collect judgments on those out of state, and those judgments are often split into multiple awards or multiple decisions.

Now, to answer directly:
BACKGROUND:
My question pertains to allocation of collected monies. This is not a how-to-do collections question. I am looking for a detailed answer and law, but can't find it on this issue. Both parties are pro per.

The creditor lives in Michigan (me). The debtor lives in California (ex). The debtor owes me money on two different MI judgments and also owes past due MI child support.

Judgment #1: amount owed is $2900. I am set to collect $9500 from a California bank levy.
To make it easier I will call this J29 to point out the amount.

Judgment #2: amount owed is $10,056. I am set to collect $4600 from a different California bank levy. Although I do not know which will arrive first, but I am also set to receive $10,000 from a periodic wage garnishment.
Likewise, I will call this J100
_______________________

QUESTION:
When I collect the $9500 from judgment #1, I will file a satisfaction of judgment for #1, BUT... can I then apply the remaining $6600 towards judgment
No, you cannot. If a judgment is listed for a specific amount of money, that is all the banks are lawfully allowed to withhold. You CAN, however, record the same judgment with them that you recorded with the other account holder, and ask that they withhold part toward J29 and the remainder toward J100. You however have to record the second judgment with them. Otherwise you cannot compel that bank to withhold the funds.

#2 even though the money came from the executed bank levy was for judgment #1?
Or, do I have to give the remaining about back because it was garnished for a different judgment (same debtor)?
You have to give the funds back unless you record both judgments with that bank.

IF I should then collect the $10,000 from the wage garnishment, I will file a satisfaction for the other judgment, BUT... can I apply the remaining money received towards the debtor's $19,000 past due child support?
No, you cannot. That likewise requires a separate court order, this one pertaining expressly to arrears. Withholding arrears, even if you are rightfully entitled to them without a court order is not going to be permitted.

OR, do I have to send send the money back because it was garnished for a judgment rather than for past due support.
You would need to send that money back.

Hope that helps, and please let me know if I missed anything.

Customer: replied 10 months ago.

Thank you. Your response is closer to what I need to know, but I do need to clarify:


 


J#1 has a $2900 balance. Writ went to bank A and was for $16,000. I am going to receive $9500 in two weeks.


 


J#2 has a $10,000 balance. Writ went to bank B and was for $16,000. I am going to receive $4500 in two weeks.


 


J#2 also went to an employer. The Writ is for $16,000. I received $5000 just a week ago.


 


(total amount of both judgments was $47,000, entered on Jan 8 and Jan 16, 2013)


 


Couldn't I just file a declaration from stating that the money was collected and how it was allocated since the two judgments were issued by the same judge and related to the same issue? My ex took me to court and the judge didn't seem to care where the money came from, as long as it was paid.

Expert:  Dimitry K., Esq. replied 10 months ago.

Thank you for your patience. Please allow me to respond directly.

You asked:

Thank you. Your response is closer to what I need to know, but I do need to clarify:

Glad to hear it!

 

 

 

J#1 has a $2900 balance. Writ went to bank A and was for $16,000. I am going to receive $9500 in two weeks.

The amount that will come out is the balance and nothing more.

 

 

 

J#2 has a $10,000 balance. Writ went to bank B and was for $16,000. I am going to receive $4500 in two weeks.

The remainder will remain active as an outstanding debt.

 

 

 

J#2 also went to an employer. The Writ is for $16,000. I received $5000 just a week ago.

 

 

 

(total amount of both judgments was $47,000, entered on Jan 8 and Jan 16, 2013)

 

 

 

Couldn't I just file a declaration from stating that the money was collected and how it was allocated since the two judgments were issued by the same judge and related to the same issue?

I am afraid not. Even if the judgments were similar in nature, they are not the same. Two separate causes of actions, two separate judgments merit two separate collection methods. You can request a new writ to forward to the first bank for the second judgment and request that they collect first on one, then on the other, but you cannot file for a declaration form.

 

My ex took me to court and the judge didn't seem to care where the money came from, as long as it was paid.

The judge would not care, it is up to you as the holder of the judgment(s) to correctly collect the funds. Besides, a bank simply will refuse to hold money for more than the order--that exposes them to potential violations under fiduciary laws and banking regulations. They are limited to remove only as much money as the judgment calls for, so if there is only one judgment on record with them, that is all that they will collect upon.

 

Good luck!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36982
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 6 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

I am going to pay for your service, plus bonus. -- One thing still isn't correct though and I need to understand:


 


J#1 has a $2900 balance. Writ went to bank A and was for $16,000. I am going to receive $9500 in two weeks.


The amount that will come out is the balance and nothing more. Yes, but, in this instance, I will definitely receive $9500 while the balance is now $2900. Long story involving sister-state judgments, but the amounts are accurate. I will have receive $6600 in overpayment.


 


J#2 has a $10,000 balance. Writ went to bank B and was for $16,000. I am going to receive $4500 in two weeks.


The remainder will remain active as an outstanding debt. Yes, I know, which is why I want to allocate the overpayment from J#1 to J#2.


 


Do you know what Michigan or California law states whether I can or can't do this? I may have to file a motion with my judge to get her approval.


 


 


 

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