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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 3914
Experience:  30 years of experience
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It would be wonderful if you could answer some questions

Customer Question

Hello. My name is***** would be wonderful if you could answer some questions for me regarding a garnishment I have. The issue I am having is I called court to find out the status of garnishment garnishment because if believed I had overpaid. The only received one payment from my employer and all other payments went to creditor. I contacted creditor and they stated that they had sent me a refund. I only received and itemized bill of sorts with court fees, taxes and other stuff. Well I haven't received refund and according to this "bill" it would appear now that I won't get refund. My question is, how do I know if this bill is true? being that I feel payments should have went through courts for more transparency. Also, work claimed they were not even aware of amount I was to pay back. So who has to give me money?and how do I trust this creditor collecting money? Seems shady. Oh and I did received a paper they filed with court stating that my debt was paid but did not included and amount paid also on line says that they did send a refund but also no amount. Make any sense? Sorry if it seems like a big ramble.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Gerald-Esquire replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

You can file a "Motion for an Accounting of the Garnishment Payments and Refund of Over-payment" with the Court that ordered the garnishment. In the order you would need to describe in simple declarative sentences why you believe excess garnishment was made, that a refund appears to be due, but that you have not received a proper accounting of the garnished wages that were taken by the creditor nor a refund of the over-payment.

This can be done in a page or two. You file the Motion with the Court and send a copy to the creditor.

You can use one of the court documents that were previously filed as a guide to build your Motion.

The key is to write in simple sentences and break each thought into a numbered paragraph. For example:

1) On ___ date this Court issued an Order to garnish wages until $____ in debt was paid to creditor.

2) Garnishment commenced on ___ date and ended on ____date.

3) Movant never received an accounting from creditor on the amounts garnished and believes that excess garnishments were taken,

4) Movant request this Court to order Creditor to provide a proper accounting of money received and to order a refund where it is due.

****

These is no guarantee that the Court will grant your motion. But Motions are the mechanism to ask the Court for what you want.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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