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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116834
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My name is ***** ***** to resolve a wage garnishment

Customer Question

Hello my name is ***** ***** to resolve a wage garnishment recently established by Hunt & Henriques for plaintiff Midland Funding of which a judgement had been previously won
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: First, a judgement had been placed against me for an uncollected debt through Bankfirst (Action card). I had intentions to pay off my debts but was limited due to my income as a part time employee whcih is my current status
JA: Is there anything else important you think the Lawyer should know?
Customer: I contacted Hunt & Henriques to offer a lump sum payment of $1500 to remove the garnishment to collect $2108.44.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your specific question for us, since you offered them a settlement already?
What state are you in?
How long ago did they get this judgment?
Customer: replied 1 year ago.
My question is, since I offered to resolve the wage garnishment, are the suing attorneys obligated to notify me, one way or the other, as to whether the offer is acceptable? If not, are they obligated to resolve the garnishment if I agree to pay the full amount? I ask this because when I spoke to one of their paralegals on Friday morning, I told them I had a small window of opportunity to offer the settlement and have not heard back including my follow-up by leaving a voicemail earlier this morning. I reside in California and the judgement in question was in 2012.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
No, I am afraid that since you made the offer, the opposing party has a right to answer and refuse or accept the offer, but their non-response is deemed a refusal of your offer
Once they obtained a judgment you became obligated to pay them in full, so they do not have to take payments. If you agree to pay what you owe them in full and make the payment, then that would cancel the garnishment.
The judgment issued in 2012 in CA is good for 10 years and may be renewed, so the judgment is still valid.
If the creditor does not accept your offer, but you can pay in full, then you need to file an objection to garnishment in the court where they filed for the garnishment and when you appear in court you can bring the payment and ask the court to force them to accept the payment and dismiss the garnishment. However, it has to be for payment in full, not for less as they do not have to accept less than full payment.