QUESTION
What can I do after their 60 days has ended and they get my money for garnishment on my paycheck for same the credit card?
Asked on Aug 01st, 2014 on Bankruptcy - Virginia
More details to this question:
I have a credit card that I was garnished on by an attorney last year. They were paid $1358 and then the garnishment time ran out. The attorney's office sent the money back to me and indicated that the account was closed. I assumed all done. WELL, first error on my part was to assume that that was the end of the issue. Now, I have 2nd garnishment on my paycheck for the same FIA Card Services with a balance that is only $300 less than the 1st one. SAME case number same FIA Card. DIFFERENT attorney. Why is the balance not the same? What can I do after their 60 days has ended and they get my money? And probably send it back because the account is closed? I have numerous old debts that I am unable to pay due to lack of money and I would love to know the FULL process of what happens after the garnishment time has ran out. Thank you for any advice.
5 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Garnishments automatically expire but apparently your employer continued to withhold money and send it to the attorney. The attorney sent back the unauthorized payments. However, if the attorney is paying attention, he/she would have gone to court and got a 2nd garnishment to start when the first one ended. By stringing the garnishments together, they never expire and they'll be able to withhold the entire amount you owe.
Answered on Aug 04th, 2014 at 8:54 PM
Most courts require that a creditor with a judgment provide an accounting to the court in order to obtain a new Writ allowing a continued garnishment. I suggest a visit to the court clerk to look at the file for this accounting.
Answered on Aug 04th, 2014 at 12:05 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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All Garnishments come with a procedure to challenge the garnishment.. so challenge it.. read the form and submit an objection based upon the documentation in your possession from the old garnishment.
Answered on Aug 04th, 2014 at 12:05 PM
Debt Collection Attorney serving Chicago, IL
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Edelman, Combs, Latturner & Goodwin, LLC
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You need to file a motion with the court for an accounting of the amount owed on the judgment.
Answered on Aug 04th, 2014 at 12:01 PM