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Question

Good Evening. My question is how to stop garnishment of wages? I am confused. The collector who issued the judgment, collected over $13,000 (for the same company) (2001-2003) from my payroll. They received the exact amt that was stated on the Writ Of Attachment On A Judgment. Once my employer (at that time) deducted the entire amt, they discontinued the garnishment. Now, five yrs later, the collector is garnishing my payroll check, again, for $3659.19. They are saying, I did not pay the total balance. They have my current address and had not notified me of this situation. I did not have a chance to speak to anyone, BEFORE this action was taken. They are garnishing an avg of $180 per week. I cannot do maintain.

Submitted: 354 days and 8 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Washington, Washington, DC

Accepted Answer

Hello XXXXXXXXX:

 

You need to file a motion to stay/abate (suspend) garnishment and set this for a hearing in the court that issued the original writ. There should be someone at the clerk's office who can assist you with the form and content of the motion which is somewhat unique to each court in any given jurisdiction. In a nutshell, it must simply state that you have repaid the debt through the former garnishment and no further amounts are owed. Also don't forget to ask the court to order that the additional money be returned to you. Once you file the motion with the clerk, you must contact the Judicial Assistant for the Judge and request hearing time on your motion. When you get the date and time, you must provide a Notice of Hearing to the opposing party.

 

When you go to court for the hearing, have your payroll records with you to show the Judge that you have paid the debt in full and the court should terminate the garnishment for you. It wouldn't hurt to have a proposed Order with you at the hearing so that you can walk out with a Court Order signed by the Judge to take directly to the clerk of the court so they can direct your employer to stop the garnishment immediately.

 

If this sounds like too much to handle on your own, an attorney licensed to practice in your state may agree to represent you for a reasonable fee and they can ask the court to order that the opposing party reimburse you for your attorney's fees and any costs of bringing forth the action.

 

Either way, best of luck to you!

 

MDonnelly

 

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Legal Disclaimer: The answer provided herein is for informational purposes only and should not be considered legal advice. The information, research and opinions set forth above are limited to the facts presented in the question and no guarantee is made regarding the adequacy or accuracy of the answer. The answer provided does not infer or imply the establishment or acceptance of any attorney-client relationship. No claim is made that I am licensed to practice law in the state or jurisdiction where this information is being provided and you should always seek legal counsel admitted to practice in your local jurisdiction for representation and advice on any legal matter.

 

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Expert: MDonnelly
Pos. Feedback: 100.0 %
Accepts: 
Answered: 12/4/2008

Attorney

Former State Prosecutor, criminal defense, family law, real estate, & civil litigation

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