QUESTION
The creditor have not removed wage garnishment order or lien against house what do I need to do?
Asked on Jan 29th, 2013 on Bankruptcy - Florida
More details to this question:
A creditor has a wage garnishment order against me. I have paid in full.
11 ANSWERS
Construction Litigation Attorney serving Mission Viejo, CA
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Law Office of Christian F. Paul
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If you have satisfied the judgment in full, you are entitled to a notarized acknowledgment of satisfaction of judgment from the judgment creditor. The acknowledgment should list all recorded abstracts of judgment. You can record the acknowledgment in all counties where the abstract of judgment was recorded, effectively canceling the lien created by recording the abstract. Then you can file the acknowledgment with the court, effectively canceling the judgment. The acknowledgment of satisfaction of judgment should also work to stop your employer from sending any money to the judgment creditor.? If any overpayments were made to the judgment creditor, you may demand refund and sue if he or she fails to comply. Hope this helps.
Answered on Feb 06th, 2013 at 2:24 PM
If the creditor has been paid in full, with applicable interest, they have to satisfy the judgment within a reasonable time. Generally a wage garnishment will continue until paid in full and then cease. You will need to make a demand for a satisfaction of judgment if the judgment is paid in full.
Answered on Feb 01st, 2013 at 4:33 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Make a written demand on them to release the lien.
Answered on Feb 01st, 2013 at 12:54 AM
Bankruptcy Attorney serving Seattle, WA
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Henry & DeGraaff, PS
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Are you sure the debt is paid in full? Remember, the amount you owe when you are being garnished does not reduce very fast because they are allowed to add on attorney fees for each writ of garnishment. You may have paid more than the amount of the original judgment, but that does not mean it is paid off.
Answered on Jan 31st, 2013 at 2:02 PM
This is not a bankruptcy question, but I recommend gathering together your proof of payment and drafting a letter to the creditor and the court, maybe even the credit bureau (if it appears there) detailing your payment and asking for the leins and garnishments to be lifted. If this does not work for you, contact an attorney for additional help and guidance.
Answered on Jan 31st, 2013 at 2:01 PM
Complex Litigation Attorney serving Costa Mesa, CA
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Thomas Vogele & Associates, APC
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Once an obligation has been fully satisfied, the creditor is required to file a satisfaction of judgment with the Court and release whatever security it has for the payment of that debt. You should contact the creditor and demand that it follow the law, file the satisfaction of judgment and release the garnishment and lien. If it refuses, you have a cause of action for slander of title and possibly others. Hopefully, the creditor's failure to follow the rules is just an oversight, but if not, consult with an attorney.
Answered on Jan 31st, 2013 at 2:01 PM
You need to send a demand letter to the creditor immediately. Tell them the situation and demand a satisfaction of judgment. If the creditor won't cooperate, you need to petition the court which issued the writ of garnishment.
Answered on Jan 31st, 2013 at 2:01 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Start by calling the lawyer who sued you and asking him to check his records. If that doesn't work, provide proof of payment to the court.
Answered on Jan 31st, 2013 at 2:00 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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File with the Court.
Answered on Jan 31st, 2013 at 2:00 PM
File a Motion in the District court that they initially sued you in and have Judgment against you at.
Answered on Jan 31st, 2013 at 2:00 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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You should check with your employer to find out the amount they needed to garnish. If the Order is more than you think should be garnished, you should check with the Court and/or the attorney for the creditor.
Answered on Jan 31st, 2013 at 2:00 PM