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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110501
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A plaintiff tried to garnish my wages. At first it was

Customer Question

A plaintiff tried to garnish my wages. At first it was working with a large amount going to plaintiff until I was able to have increase in exemptions which I won and only 20.00 a month is coming out of check to go to plaintiff so plaintiff filed writ of execution.
What can I do now and how does it work? Am I mailed a copy of the writ and can I dispute it since my exemptions were increased or do I have to wait to hear from my bank they were served & request Court to stop it until a court date & if plaintiff received money to request it back?
Submitted: 5 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You are not typically sent a copy of the writ of execution until the levy is initiated and then you can object to it. However, if you know they filed for the writ of execution and is seeking to levy your accounts, you need to file the objection to writ of execution now and argue that they are already collecting garnishment and they are trying to get more than ordered from the SAME MONEY that you are putting in your bank accounts and ask the court to deny the execution on that basis.
In other words, you put your check in the bank and they are already garnishing the check and now they are trying to get more than ordered by garnishment by going after those same funds once you deposit them in the bank which would give them more than the court allowed in garnishment.