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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Writ of Garnishment on file but no notification to

Customer Question

Writ of Garnishment on file but no notification to defendant. Payment agreement with debtor of 3900 of 4600 bal. Paid 3900 and at the same time they sold my account to CACH LLC. No funds for attorney and judgment against me for 6000. Sent letter of intent to plaintiff to provide the cancelled ck of 3900 and pay the bal 2100 to settle judgment. Sent ck copy and restricted endorsement check of 2100 “Case #: Only cash as full satisfaction of debt”. Plaintiff cashed check and no communication for six months. Can I sent a Motion to Dissolve Writ of Garnishment with all attachments? Then, how can I ask the courts to consider this satisfied?
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Welcome to JustAnswer, I will be glad to Answer your question and all that I ask in return is that you leave a positive rating so that I receive credit for assisting you. You have already placed a deposit with JustAnswer and a positive rating will not cost you anything additional, but without it, I will not receive credit for my time and effort in assisting you, Fair enough ?

You asked, "​Can I sent a Motion to Dissolve Writ of Garnishment with all attachments? Then, how can I ask the courts to consider this satisfied?"

ANSWER - Where the person to whom a debt is owed, cashes the debtor's check which contains a restricted endorsement, the creditor, as well as all assignees are then bound by that restriction. Therefore, any assignees of the creditor cannot look to the debtor for any additional payments. In fact, the creditor should have signed and recorded a "Satisfaction Piece" once he cashed your check, and you should not have been obligated to bring this issue to the creditor's attention. Since the creditor did not follow through on this obligation to file (record) a "Satisfaction of Debt (Or, "of Judgment", as the case may be) you must file a Motion with the Court, reciting the fact that the creditor was paid, but failed to record this so that the debt could be removed from the public record. Attach a copy of both sides of the check, as proof that the creditor received and cashed your check with the restricted endorsement. Then, the last paragraph of your Motion should read as follows,

"WHEREFORE, (Your Name here) prays this Honorable Court enter an Order directing the Clerk of the Court mark the subject judgment "Satisfied" and removed of record." Then, "Respectfully submitted, and a signature line underneath so that you can sign your name on it as the moving party.

Please be kind enough to leave a Positive rating. You have already made a deposit with JustAnswer and leaving a positive rating will not cost you anything additional, but without it, JustAnswerAnswer will not give me credit for assisting you.

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Kindest Regards,

ANDREA

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