Can a law office garnish from a bank account after trying to set up payment plan or settlement?
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Can a law office garnish from a bank account after trying to set up payment plan or settlement?
The law office garnished about $2500 after going to court and talking about payment plans or a settlement. I was told a settlement of $1500 and they would contact me with more info, only to find out today they garnished my bank account for $2,636.07 and never contacted me.
Asked on February 6, 2012 under Bankruptcy Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It depends on whether there was an agreement to accept $1,500 as settlement, with just some final details to be worked out (and all evidence that you did or would accept those details), or if there was not firm agreement, just some discussion of a possible setttlement. In the former case, you could enforce the agreement; they can't garnish or take other legal action so long as you are complying with your end. In the latter case, if there was just discussion but nothing firm or accepted by both sides, they are allowed to go ahead with whatever other legal remedies they may have.
If you feel they violated an actual agreement, you should go to court seeking an order that they return the money and cease other collections activities; in many jurisdictions (like NJ) this called an Order to Show Cause; it is also known as "injunctive relief."
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