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What can be done when a person who has won a case against me

and has gotten a garnishment...
What can be done when a person who has won a case against me and has gotten a garnishment that has been approved by the courts and her attorney continues to contact and harass my family and friends. She has made it her mission in life to seek me out and my every move. She has also made contact with my employer on several occasions within the last 4 months. I live in Harford County, Maryland and work in the City of Baltimore.

This person lives in Harford County, MD.

This matter is the result of a relationship gone bad that included a lone from her to me. Can't get any worse than that.

Regards,

William Sparwasser
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Answered in 5 minutes by:
9/5/2013
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
Hi,

Thank you for your question.

The law provides a judgment creditor (her) with the right to pursue the collection of the judgment in any lawful way. This includes calling you and harassing you until you pay. The fact that you are paying through a writ of garnishment does not provide you with any protection in this matter. The obligation is to pay the entire judgment, and until that is done, she may continue her legal collection efforts.

That being said, if there is any protection you may obtain, it will depend entirely on what she is actually saying.

You say that she is calling your friends and family. If she is doing this repeatedly and in a harassing manner, they may file criminal charges against her for harassment and ask for a restraining order to prevent her from further telephone contact.

In regard to her calling your employer and calling you, can you tell me more about what she is saying? Does she ever slander you?
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Customer reply replied 4 years ago


It appears to me that I have no counter measure in this situation. As for slander and even defamation of character actions that she has made over the past year, according to the attorney that has represented me in the judgment and garnishment matter has made it clear that for me to prove the actions of slander and defamation of character I would stand very little success in the matter. I would be wasting money and time.


 


The fact that this person and I have an issue that has been in front of a judge here in Maryland and settlement of garnishment has been reached to the point that it is causing me very serious financial pain and suffering. I would think that my family and friends she has made contact with and continues to make contact with could somehow be relieved of her games surprises me. Sorry, this is not my family's matter. It is very frustrating that this can happen like this.

It may indeed turn out that there is no recourse for you here.

However, she does not have a right to call your family or your friends. Unfortunately, the right to be free from that harassment belongs specifically to your family and friends. There is nothing you can personally do to stop her from harassing them. They have to be the ones to take action.

You have said something that I find interesting though. You are saying that you have "settled" the judgment with her. Do you mean that you have a written settlement agreement which lays out the payment terms for the judgment?
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Customer reply replied 4 years ago

I reached an agreement that under the terms of current Federal guidelines of garnishment I have a structured settlement of $256.67 per week payable to her attorney at 10% interest. All monies that were due her since the judgment was entered this past January have been paid as well as weekly payments as outlined above have been made payable to her attorney.


I have provided all the proof of our earlier promissory agreement between she and I when I left the relationship of more than 3 years of how I would pay the loan back to her. In several of her emails to me she made it clear that she did not make it a loan, however she did and just a few weeks after she made this "loan" the relationship got so bad it was the only option I had was to end the relationship and move on. Its a long story botXXXXX XXXXXne I considered it a loan and did all I could in very hard economic times to assure her she would receive re-payment. None of that mattered she has to date not left the relationship go and goes to and has gone to great effort to follow and find me. Can't call it stocking in the normal sense of the phrase but surely its now looking like such. She knows that I just moves not 2 weeks ago and based on feed back from my daughter in-law has the address. All I can do at this point is should I see here in or around the house call the police file a report of stalking and see what happens.


 


Very frustrating. A very sick person. Sorry as it appears I am stuck with no means of stress relief form all this until the balance is paid in full.


 


Thanks for your time.


 


Regards,


 


William Sparwasser

Well, I'm not so certain anymore. If you have a written agreement with her which establishes a payment schedule through the garnishment, and you are not obligated to pay anymore than this amount every period, then what she is doing does in fact cross the line.

My advice would be to send her a Cease and Desist letter which forcefully states to her that unless she stops her harassment, you will be forced to file charges against her with the police. Under Maryland criminal code:

Md. Criminal law Code Ann. § 3-804. Misuse of telephone facilities and equipment. (2002)
(a) Prohibited. -- A person may not use telephone facilities or equipment to make:
(1) an anonymous call that is reasonably expected to annoy, abuse, torment, harass, or embarrass another;

(2) repeated calls with the intent to annoy, abuse, torment, harass, or embarrass another; or

(3) a comment, request, suggestion, or proposal that is obscene, lewd, lascivious, filthy, or indecent.

(b) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 500 or both.

If she is not in good faith attempting to collect a judgment, and is instead calling you to harass you, then you, your employer, your family and your friends should all consider reporting this activity to the police. The police are much more likely to issue a restraining order against her preventing her from further harassing calls if you get everyone to go on the record and state she is doing this.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best regards,
ZDN
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
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