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Discussion in 'Credit Talk' started by gleisman, Oct 28, 2008.
Thanks for any help
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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.
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.
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.
Has anyone filed a satisfaction of judgment with the court?