QUESTION

How can a request for a garnishment be reinstated?

Asked on Apr 25th, 2014 on Bankruptcy - Michigan
More details to this question:
I was told to submit payroll stubs for a garnishment. Instead I told them I would satisfy debt within a week. I did and they received check (haven't cashed) and day before receiving they filed with court that I was "non-compliments" on request. Will they garnish me or be smart and take my payment I sent in full?
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3 ANSWERS

Arbitration Attorney serving Irvine, CA at Law Office of Linda K. Frieder
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No one can predict what a third party will do. Clearly, the third party you may owe money to has no reason to believe you will pay a debt by check if they took you to court in the first place. In any event, if the third party over collects by way of wage garnishment and a separate check you sent them, they will be required to return the amount collected above and beyond the debt.
Answered on Apr 28th, 2014 at 11:08 AM

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Debt Collection Attorney serving Chicago, IL
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If you tender payment they are obligated to take it. Respond to the filing that you have tendered payment and object to any further collection efforts. Under Illinois law if you pay a judgment you have the right to have the judgment vacated and the case dismissed. I suggest that you exercise that right and file a motion to vacate/ dismiss.
Answered on Apr 28th, 2014 at 8:48 AM

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Family Law Attorney serving Brighton, MI at John Ceci PLLC
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Your question is a bit confusing because you seem to be talking about two different scenarios. Garnishments happen after a money judgment has been entered against a person. You have to sue someone first to get a money judgment. And, of course you have to win your suit. That can be because the other party doesn't defend (so you win by default) of by some sort of trial or settlement. Garnishments generally allow for a one-time taking of money (from a bank account) or for a short period of time (from paychecks, every 90 days). But the details of your question suggest you either were just sued (or are about to be sued). Or do you have an existing judgment against you? I cannot predict what a third party will do. What I can say is that if you paid the debt and are then sued you need to answer the lawsuit and show proof that you have, in fact, paid the debt. Doing nothing is the worst possible thing you can do when you are sued. I hope you kept copies of the whatever documents you sent, including the check (or can get a copy). That will help a lot.
Answered on Apr 28th, 2014 at 8:48 AM

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