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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Collection agency has not yet registered payment that ended

Customer Question

collection agency has not yet registered payment for garnishment that ended in October 2014 after nearly a year's time. They are still applying interest to the full amount owed even though they did not send the order to pay until February 2015. Payment was sent to the county courthouse and they were alerted of this in April 2015. As of today they are still not showing any receipt of this garnishment. Is this illegal? I want to settle this debt but would like to have the garnishment registered before doing so. Is this a mistake on my part? Is there anything I can do to avoid paying the interest on the amount already paid them?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

The company should be giving you credit for this based on the receipt of funds from the court.

(It is not "illegal" in the sense that they are breaking the law, but they are not entitled to collect interest on something they are no longer owed, so you may need to go back to court for an "ex parte hearing" to get a redetermination (also called a "recalculation") of your debt).

Frankly, courts are not going to be terribly pleased about having to deal with this (not with you, they will be upset with the creditor, the creditor is wasting the court's time and your time). Contact the creditor again (in writing), and let them know you plan on going to court to get the judgment amount recalcluated if they do not refigure the amount and confirm it with you in writing within a short time (for example "10 days from the date of this letter").