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multiple cases, same lawyer, garnishment close

If a lawyer has multiple...
If a lawyer has multiple cases against you and for one of them they do a 'Garnishment' on your bank account. What is the best way to settle that? Should I put that money in the bank account just before the hearing and let the bank give it to them? Will it then close that case? or is it better to settle it by sending them a check prior to the court date? If I send a check prior to the court date will it close that case? or will they apply the check some other way, like towards legal fees on one of the earlier cases?
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9/1/2011
KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4,219
Experience: 13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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Hello, I am happy to assist you today.

The best way to do this is to pay their lawyer directly and get a written statement that is a receipt and also states that they will drop the case and the garnishment against you. I would not pay without that.

If you pay and they don't drop the garnishment or case, then you would have to do a motion to dismiss and show the court proof of your payment. Make sure to keep the canceled check!

Take care,
Kimberly
KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4,219
Experience: 13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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Customer reply replied 6 years ago
But I have two other cases with them from prior in which they have put liens against my property. Can I specify which case I am paying and have that stick?

I screwed up the last time because I wasn't prepared enough nor did I understand what was going on otherwise I would have rather just paid it prior to court, I had called and made a payment but it wasn't for the full amount plus the legal fees of course but I guess court helped because they took some of the legal fees off, but then they got put on again for the garnishment etc... It's such a drag because it was only 1000 originally. Now it's going to cost me $2000 in legal fees. This is such a painful experience...
Ok, if they have those other claims against you, you need to specify which one you are paying and request that it get applied that way. Do so in writing and get a written response from them. You should be able to choose how it gets applied.

Keep in mind, you can negotiate this debt down! If you have money now, tell them you have x dollars and ask them if you can settle all three claims with that money.
KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4,219
Experience: 13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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Customer reply replied 6 years ago

I tried to negotiate and was told that they have already been reduced as per the judgement awards and the associations - HOA/Condo (which is really one, but they split into two a year and a half after I bought the house) have chosen not to adjust the balances further (further makes no sense really when nothing was ever adjusted). Makes me not like my neighbors who are running these 'associations'! grrr.... sorry.

 

Is there someone I can hire to negotiate further? It's at about 10,000 right now. 5,000 was the original cost.

 

I should have paid the condo fees before anything else I guess (power, credit cards, electricity, mortgage...) in hindsight.

 

Customer reply replied 6 years ago

Would be nice if there were a non profit organization that helps with this kind of stuff or an insurance policy.

Yes, I think you should pay the HOA first.
You can try to get a lawyer to negotiate for you and they make take them more seriously.

Yes, I agree, there needs to be more free legal help out there. It is so costly and prohibitive for so many people, which is why I love this forum, because it gives people a chance to get legal help without the high cost of hiring a lawyer.
KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4,219
Experience: 13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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Customer reply replied 6 years ago
I may consider the lawyer approach because maybe he/she may have a case with the fact that there is only one person if that on the condo board and it is basically run by the HOA so it's not really fair to be sued by both when they should have been only one like they were in the first place when I bought the condo. But maybe it's too late to argue that. I want to pay these things off so I can go to these board meetings and start requesting changes to how they treat owners.
Yes, at this point it's too late to argue that.

Make sure it's a lawyer, not one of those companies that help people in debt. Those are mostly scams.
KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4,219
Experience: 13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
Verified
KimberlyLaw and 87 other Real Estate Law Specialists are ready to help you
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KimberlyLaw
KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4,219
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Experience: 13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.

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