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DrakeLAW, Attorney
Category: Business Law
Satisfied Customers: 756
Experience:  Attorney at Drake Law Firm PLC
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Post Judgement question. Plaintiff "A" has money judgement

Customer Question

Post Judgement question.Plaintiff "A" has money judgement against Defendant "B".....
Defendant "B" pays money judgement directly to plaintiff "A"...
Plaintiff "A" fails to notify the court of satisfaction/payments towards judgement ( 3 payments over 3 months)...
Plaintiff "A" files for garnishment of bank account from Financial Institution "C"....
Plaintiff is seeking to recover the judgement again via garnishment....
Financial Institution "C" takes money from Defendant "B"'s account for garnishment.Does Defendant "B" have a claim against Plaintiff "A" and/or Financial Institution "C"
What is the cause of action?Does Maryland provide additional relief for "bad faith" garnishments?What are the implications for an attorney doing this ( if he was aware the client has been paid)
Submitted: 11 months ago.
Category: Business Law
Expert:  DrakeLAW replied 11 months ago.

Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

Expert:  DrakeLAW replied 11 months ago.

Are you saying the judgment was fully paid after the 3 payments over 3 months and before the garnishment occurred?

Customer: replied 11 months ago.
The request for garnishment was initiated during the second month (after 2nd payment).... It reaches the financial institution a little after the 3rd month (just after 3rd payment)..... Two of the three payments have been cashed...... the third check has not cleared....Garnishment is the entire amount of judgement, not accounting for any of the payments.
Expert:  DrakeLAW replied 11 months ago.

If the 3rd payment had been cashed, would that have paid the judgment in full?

Expert:  DrakeLAW replied 11 months ago.

Did you have an agreement with them that they would stay all collection efforts so long as you were making payments?

Customer: replied 11 months ago.
No agreement... Third payment should pay judgement unless there is an error on interest calculation.
Expert:  DrakeLAW replied 11 months ago.

Alright, so they didn't do anything unlawful by doing the garnishment since you had no stay agreement. What they did is pretty crummy. There is no claim against the bank because they are simply responding to the information provided them in the writ.

You need to contact that lawyer and get the math figured out and tell them to return the check and finalize the garnishment action so that the bank can return the remaining money to your account.

Does that answer everything for you?

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