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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7404
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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I received a letter from the courts saying I MAY be a person

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I received a letter from the courts saying I MAY be a person who paid or has interest in funds paid into the court in a certain amount. It goes on to say the funds were paid on or before June 30, 2011 and are set to be turned over to the state of WA department of revenue as unclaimed property if the courts don't receive an order to disburse the funds. I looked up the case number, and apparently its from a wage garnishment against me. I paid almost $7,000.00! However the letter makes it sound like I'm the one to receive the money? What should I do? I don't have the original documents, and I did call the court. They also made it sound like I was the one getting the money, but I don't think so. Should also add that there is another name  of interested parties. I looked up the name, put two and two together and realized it was the plaintiffs lawyer office.

Hello. It looks like you solved the mysterious notice yourself. What is your question?

Customer: replied 4 years ago.

I was just wondering why the money was with the courts? It has to have sat there for a while if they're turning it over to the state as unclaimed, so is there a chance that money could revert back to me? Like if the plaintiff went bankrupt, or out of business? Should I try to get the order for release, or am I only doing a favor to the plaintiff's lawyer? When I called the court they told me I was owed some money? How would that be possible? Thank you for the answer.

It's entirely possible that some overloaded lawyers forgot they had a working garnishment order and never asked the clerk for a check. Your county clerk knows who has a right to the money. Many clerks pay out garnishment funds to the attorneys for the creditors automatically. If the judgment was overpaid, then they would return the excess to the debtor. If you got the letter, then so did the attorney, so he got a wake-up call and will probably claim the money now. You can ask to see an accounting for the judgment to see if it was overpaid by some chance. Your clerk, (or the deputy you spoke with), doesn't sound like s/he knew what s/he was talking about.

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