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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31781
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If wages have been garnished for 10 months, paid twice a month

Customer Question

If wages have been garnished for 10 months, paid twice a month with $1000 left I received another court summons with another $1000 in lawyer fees, court costs etc. Do I have achance in court in January, 2013 to have the additional fees dropped?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Roger replied 4 years ago.

Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.

Are these fees from the same case/proceeding, or are they from another separate matter?

Customer: replied 4 years ago.

Same case almost a year later plus I never received summons by courts only received by mail from the rental co. I am being garnished from.

Expert:  Roger replied 4 years ago.

Thanks for the information.


You would need to take a look at the judgment from which the garnishment stems. If the judgment doesn't call for these fees, court costs, etc., then you should have a defensible position.


The judgment cannot be modified just because the other party wants to. Instead, the court would have to approve the judgment, and any modifications generally have to occur within 10-30 days from the date the judgment is entered. Thus, the other side should be well outside of its time to file a motion to amend the judgment.


Take a look at the judgment, and once you've paid everything it calls for, then you should be done with your obligation.