Garnish settled but still paying

Discussion in 'Credit Talk' started by gleisman, Oct 28, 2008.

  1. gleisman

    gleisman New Member

    Hello everyone, i'm new to this group. Wish I had found this a lot earlier. Any way, heres my situation. My wages were garnished because of unpaid credit card debt. The original debt was with Chase and then was sold to Resurgence Financial LLC. The garnishment started on the 18th of September. I found a lawyer and was able to finance a settlement. I recieved a letter from resurgence on october 3rd stating that my debt was settled in full and that they would immediately have the garnishment stopped.Well, it's now October 28th and my wages are still being garnished. My lawyer says that it's now up to the court system to release my garnishment and that i just have to wait. I have made numerous calls to resurgence, case lawyers, LA county courts and had no luck. It has been nearly a month and to date $1000 has been taken from my wages.I am now in worst shape than when i was just being garnished. Now I have a loan to pay on too. What can I do?
    Thanks for any help
  2. cap1sucks

    cap1sucks Well-Known Member

    Have your attorney look into the possibilities of filling an illegal garnishment lawsuit against them. There may be other actions that would be more appropriate, I don't know. Simply put, there has to be something you can do to put a stop to the garnishments and get the excess money back. As I said, I don't know what kind of action would be appropriate. Maybe fraud, maybe abuse of process. My point is that there surely must be some kind of action you can take against them for grabbing more money than they should have.
  3. greg1045

    greg1045 Well-Known Member

    Might not be necessarily the CA's fault to stop the garnishment but your employer's payroll dept. Normally when a garnishment is to be ended the employer gets the notification to end it - by mail. If that piece of mail gets lost or sitting under a pile of "things to do" it can take forever for the garnishment to stop.
  4. logger1

    logger1 Well-Known Member

    It also depends on your state laws. In my state, a writ of garnishment lasts for only 90 days (can be renewed.) The employer either satisfies the debt through 90 day garnishment, or if not satisfied, must stop paying on the active writ at the end of 90 days. The employer (garnishee) is responsible for the process and is subject to legal action and fines if they step outside the process.
  5. jlynn

    jlynn Well-Known Member

    Has anyone filed a satisfaction of judgment with the court?

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