hello, i live in oregon and recently went before a judge who granted my challenge to garnishment for child support income which was taken from my checking account. However, as of today, almost 3 mos later, I still have not received my money back. Can someone tell me what else I need to do to get it returned to me please? Thank you.
It's hard to say witout knowing the details, but I would say you should start with the agency that withdrew funds from your checking account. I will assume it is a state services agency. Contact them and inquire about a return of funds. Also, be sure you know what the judge awarded; it may have been for future garnishments. Just be sure to read the award document fully, and make sure you understand what it is saying. If it is for child support, my guess is that the payments were already forwarded and/or paid. You may not be able to retrieve the funds.
Thanks for reply. A CA received a default judgement on me and garnished my bank account which i challenged and was granted the money exempt (child support income) and to be returned. I am not mistaken about what the judge ordered. I just don't know if I need to take some further action to get it. The CA attorney appeared via telephone and so also was aware of the judges decision; however, they stated they had not yet received the money. I don't know what happened to it though because it was definitely taken out of the account and listed on my bank statement.
See if your bank will give you a letter stating the amount withdrawn, the account number, date, and who the withdrawal was made by. Send a copy of that letter and a copy of the court order to the general counsel for the CA. That should take care of it. Actually, you might want to start with a call to the General Counsel, and it may be handled right away. If not, send the copies. Tell them if the money is not returned immediately, you will file a suit to obtain a judgment against them for the amount, and will then proceed to levy their bank accounts.
I live in Oregon, I think that you will need to take other action yourself. The Oregon revised Statutes do not allow the courts to take remedial action for violations of exemptions on your behalf. (This is my inpterpretation, and I could be wrong.) http://www.leg.state.or.us/ors/018.html I had one judgment that I paid off and had marked satisfied by the court. I am expecting 6 - 8 judgment requests over the next 6 months. I've studied the laws extensively. However, I am not an attorney. You might check with some consumer advocacy attorneys in the Portland area and see if they can offer advice or assistance. They may be able to provide leverage for a fee. If you think an Oregon Revised Statute has been violated, you might complain to the Oregon Department of Consumer Finance and Corporate securities. I believe their power is derived through the attorney general's office. If you have further questions, you can send me a personal message. I can't offer legal advice, but I can share what I know based only on personal experience and research.
