If I paid off a garnishment in full but money is still being taken out of my paycheck, what can I do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I paid off a garnishment in full but money is still being taken out of my paycheck, what can I do?
I am writing to you in reference to a garnishment placed with my employer in the amount of $1,030 filed with the court 3 month ago. Upon notification of the garnishment, I spoke with the law office who filed the document. In the middle of lsat month, I sent 2 checks for the full amount. My employer has since taken from my paychecks $529. Both checks were cashed by the office. I have front and back copies of who cashed the checks and the dates. I contacted the court and they said they have received nothing from the lawyer’s office. I have left several messages with the law office but no one has returned my calls.
Asked on June 8, 2012 under Bankruptcy Law, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Then you need to make a motion under the court index number and in the court where the judgement was issued asking for the garnishment to cease as the debt was paid in full and for the return of the money. The lawyers may not have realized when they cashed the checks that the debt was paid in full already. It would be unethical for them to continue to take the funds and not to discontinue the matter. Send them a letter by certified mail before you file the motion but understand that the oney will continue to come out. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.