Re: My wage garnishment nightmare

Submitted by C.Q.D. on Mon, 03/23/2009 - 03:30
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Credit repair

due to my wage garnishment, I was not able to continue to pay rent and all the utilities of where I was living. So I've moved out, and now live either in my car, or sleep on the floor in my office at my job, and pray I don't get caught night after night. I've been living this way since Sept 1st of 2008. I've been having my wages garnished for seven months now. A default judgment was entered against me. This is for a credit card debt. The state I live in is Arizona. The amount they originally sued and won for was about $6,000. Then 4 months later, I got another letter (I have a P.O. Box now) and they were suing for an additional $2,000 in fees. The courts granted them this as well. So now, this wage garnishment will go on even longer. So of the now $8,000, I've paid $5,600 in wage garnishment, leaving a balance of $2400. I get paid bi-weekly, and a total of $336 gets taken out each paycheck. So i've calculated that about 8 more paychecks and I'll be done with this wage garnishment. So that's 2 paychecks in April, 3 in May, 2 in June, and 1 in July. With those 8 paycheks @ $336 each paycheck should cover the remaining $2400.

So my questions are this:
1. Can I suspect the Law office of James R. XXXXX to file any more papers with the court asking the court to grant him an award of garshiment for any more "court fees". Seems like to me, they've already awarded him the judgement of the $6000, which was being faithfully taken out of my check every paycheck. Since Step. 2008. Then in Jan of 2009, he filled a motion claiming that he had another $2000 in court fees. So will I get any more papers against me for more court fees? I'm down to the last $2400 bucks and I want this over and done with, but if he keeps filling for more court fees, I'll never be done with this.

2. Once the last $2400 is done, do I have to do anything to stop the garsihment, or does it automatically stop? What if his law office becomes vendictive and even after I've paid all the last $2400 via garnishment, they don't let my employer know that debt has been paid, just to get more money out of me. What if that happens?

Justin

Once the judgment money is paid in full garnishment of your wage automatically stops. Now, if they bring any default judgment again to garnish your wage, you can file a motion to vacate the judgment claiming that the debt has already been paid in full.

Mon, 03/23/2009 - 11:29 Permalink
Lulu2u (not verified)

move to texas-change jobs-credit cards can't garnish in tx

Tue, 03/24/2009 - 05:33 Permalink
C.Q.D.

Justin,

We are now in the middle of July, and even though the judgement has been pain in full, I'm still getting wages deducted from my check. I am now over $400 over-paid. You said above that once it's been paid in full that it would automaically stop.

Do I just let it continue for the next 20 years? How long should I wait before I bring a motion to vacate? And since now that I've over paid, will I get that money back?

Thu, 07/09/2009 - 00:13 Permalink
fireyone

You need to go to the courthouse and the motion to vacate the judgement since it has been paid in full. You can then get the moeny you overpaid. If you do not do something it may continue even though it should have stopped once you reach the paid in full balance. Make a trip down to your courthouse and get a mation to vacate started asap.

Thu, 07/09/2009 - 13:05 Permalink
Anonymous (not verified)

fireyone,

Ok, I went to the court house and filled out a form for a hearing, and I listed the reason as "motion to vacate garnishment" They took my papers and told me, that someone would be getting back to me on when the date of the hearing is.

Do you know if the law office that brought this case against me, can turn around and sue me for court cost, filling fees, and their travel time, to attend this hearing?

Fri, 07/10/2009 - 22:46 Permalink
fireyone

I am not really sure. I suppose they can BUT they already collected what was due to them and are the ones continuing to garnish your wages so I can not see how they would legally win either way be it court costs or more garnishment. Remember the judge only allotted them so much money and they already exceeded those limits. What I see happening is them having to pay you back for the excess money you paid. When this goes to court you need to ask the judge how you go about getting the overpayments back. Let me know how things work out. Hopefully this will not take long to go to court and get resolved.

Tue, 07/14/2009 - 13:12 Permalink
C.Q.D.

fireyone,

Thank you so much for being kind enough to give me this advice. I already feel powerful, going down there, and turing that 'Noice to Vacate' hearing paperwork. Made me feel like I'm taking control of my life.

I'm over $1,000 over paid now, and they have yet to file anything with the courts to let them know that this has been satisfied beyond the judgement amount.

I find it so funny how it took them no time to file the necessary paperwork to get this started. And now that I'm paid in full, they don't assert the same amount of vigor to stop the garnishment, as they did to start it. And I gave them no hassle what so ever, they got their money every two weeks for almost a year now.

I'm tired of living in my car, and sleeping in other strange places. I want to get on with my life. Only thing I fear now, is that I may not be able to get approved for a lease on an apartment due to this whole ordeal. One apartment place has turned me down already sighting the reason for the denial is due to this current garnishment I have going on. I wonder once it's clear, if I will qulifiy to get an apartment. If I don't looks like I'll continue to live in my car even though garnishment is over, which is gonna suck bad.

Man this is by far the biggest mistake of my life.

Fri, 07/17/2009 - 03:01 Permalink
fireyone

Sorry C, I have not been on alot. Remember to take with you any paperwork showing the amount that was agreed upon. If the original amount the judgement was made for was satisfied you should be able to stop the garnishment by going to the court date. Chances are the creditor may not even show. I am not sure if they are allowed to add any interest but I am assuming if the judgement was for $6,000 and satisfied then you will walk out with no further garnishment. I would ask the judge about the overpayment. Surely they will not be able to charge $1,000 in interest. It was paid off quickly and could not have accumulated that amount. I believe you should be just fine.

Tue, 07/21/2009 - 00:59 Permalink
C.Q.D.

fireyone,

Well, a lot of good my hearing did me <sarcastic>. I got nothing.

The judge said to me "The Plantiff argues that you've paid XXXX amount, you say you've paid XXXX amount, this has nothing to do with the courts. If would be in your best interest if you called the plantiff directly, and solve it with them, and come up with an agreed dollar amount. If at that point, you all can't come up with an agreed dollar amount, then re-file, for another hearing."

So my garnishment will continue. I found the original Judgement papers, and in it, it states that they are awarded $7095.11 plus 18% interest on balance.

In May of this year, I reached (and a little over) the judgement balance, with $7106.33 paid.

Today, I'm now at $8,800 paid. The difference between said judgement balance of $7095.11 and what I've paid to date of $8800, that makes a total difference of $1704.89. Not to mention, I get paid tomorrow, and guess what, another garnishment will happen, because my company is going to comply with the law and continue to garnish until they are told they don't have to.

This law firm has not contacted my company to tell them to stop garnishment, so it will continue. It will continue until I die I guess. I guess 20 years later when I'm $176,000 over paid, maybe at that point they will contact my company and tell them to stop. Who knows, economy is bad now, and they may need to extra money, maybe that's why it continues.

When I file a hearing for a motion to vacate, I get told by the judge, "go work it out with the law firm". The law firm didn't even have to appear in person in court, she had them on her speaker phone.

The judge asked the attorney what his phone number is, he gave it to her, she wrote it down on an index card, then motioned for me to approach. I did, she gave me the index card, she told the attorney he could hang up, and I was out the door. I wasn't in that court room a whole 10 minutes.

I walk outside the courthouse and call the number from my cell phone. The attorney re-states the same thing he stated in the court room on the speaker phone. We show this XXXX amount, we don't show what you are stating. Then he says, I'll refer this to our accoutning department. And that's the end of our conversation.

I get back to work, re-calculate all my paycheck stubs (yes, I have every single last one) and add them all up, slowly, just to make sure I don't make an error. I added them all up 3 times, and still I come up with $8,800 paid.

Then I call the attorney back and guess what? You guessed it VOICE MAIL. Then I wait 5 minutes, call that number back, and guess what? VOICE MAIL. Then I wait another five minutes, and guess what? Yup, VOICE MAIL. Then I wait 30 minutes, and guess what? Yup you got it right, VOICE MAIL, again.

On the court documents that I filed, the reason I put for filing this hearing was, and I quote "the writ of garnishment or Judgement has been satisfied and my wages continue to be garnished. Request a motion to vacate."

Any other ideas for me fireyone? Can I go to an appeal court? Was that reason not good enough? I'm going to re-file for another hearing, if you can, can you give me the exact verbiage I should place on the hearing papers?

Thu, 07/23/2009 - 19:19 Permalink
mastrun (not verified)

I have been reading about your nightmare and am curious if you took proof of claim with you to the courts.. There are so many things you can do to fight this and should never have been subjected to the hell you have endured.

Thu, 08/13/2009 - 13:34 Permalink
brandie (not verified)

how ong does a lawyer's office have to repay and overpayment of a garnishment?

Tue, 04/20/2010 - 15:44 Permalink
C.Q.D.

@mastrun - You're right, hell it was. I still haven't been able to recover from it. Because of this, I had to move out of my nice 2-bedroom / 2-bathroom condo, and now rent a room in someone's trailer. No running hot water, no AC or heat, no shower, and no stove. And the smell inside, I won't ever go there.

But the garnishment is finally over. Man, what a life lesson this has been, and continues to be.

And to answer your question, yes I took proof of my claim to court with me when I went. Judge told me to work it out with the agency that has the judgement against me. Her exact words were "That's between you and the agency, it has nothing to do with the courts".

I was like "wow, what kind of justice is this."

Tue, 04/20/2010 - 18:12 Permalink
C.Q.D.

@brandie - I'm not sure how long they have. From my own expierence with what I went through, they took their sweet time, in re-paying me the over payments. I was close to $1,000 over paid in May of 2009, and I didn't get my overpayment money back until August of 2009, some three months later. And when they did send my overpayment money back, it was not in one lump sum. They sent it to me in payments. I got all my overpaid money back at the end of September, some 4 months later.

And keep in mind, they held my overpayment monies interest free.

Tue, 04/20/2010 - 18:30 Permalink
John R. (not verified)

This is such a SAD story, but unfortunately TRUE for this county--AMERIKA, where the RICH make it, and the poor get poorer!! :<( And no one to help you....p.s. out of $419 a week, I get to keep $219 because of ONE garnishment, can't pay my bills and will soon be living in my van like you. And not one person will help me. Sad.

Fri, 11/12/2010 - 16:33 Permalink
Marie23 (not verified)

I had a judgment against me from a lawyer/debtor on behalf of Ford Motor Credit. Total nightmare but I filed an exemption form with the court and though the plaintiff denied my request I was granted a hearing. The judge ruled that I am exempt from the garnishment and ordered me to pay only $40 per check as opposed to the $400 they were garnishing. I suggest to those being garnished to fight back and file an exemption. Form can be found online...

Tue, 03/27/2012 - 19:13 Permalink
needtoknow (not verified)

It is possible for my employer to have a copy of my garnishment. My garnishment is paid in full, I have talked to my employer, they stated that they cant do anything to stop, I would have to call the creditor myself. I lost the paper garnishment paper that my employer mailed to me before all this happened. Is there another way find out information about whoever is garnishing my paycheck?

Mon, 05/13/2013 - 06:17 Permalink
gr (not verified)

i paid over 11000.00 in payments and 7300.00 was kepted by the creditor and the rest sent back to me.the creditor is still going after me for somr intrest on the original money that he sent back. even the sherriff didnt know why they didnt take it.the creditor has refiled and has a new amount. can i stop this, also i have been to court 3 times and was granted an exemption everytime but it still goes on.

Fri, 07/26/2013 - 19:18 Permalink
DeVille (not verified)

People this is why you PAY YOUR BILLS and NEVER IGNORE a lawsuit. Probably spent years laughing about how you weren't paying back your credit card...."Amerika where the rich make it.." oh COME ON. I was just served papers to garnish $3100 from one of my employees. I warned him ever step of the way to resolve it for the $1200 offered, but instead chose to ignore it.

Mon, 05/18/2015 - 14:52 Permalink
km (not verified)

Deville, you are wrong. I hope you never have an unexpected death, sick relative that insurance won't cover, or any other life-altering situation happen to you because you clearly have no idea what it is like to sink in debt. I have lived my whole life as a responsible, pay-your-bills-on-time person, never having stepped inside a courtroom person. Until my dad died at 49. And my mom lost her government job because of layoffs. And my student loans (from earning 2 degrees) compounded. And I was left picking up the pieces and missed a notice of non-payment in the mail because I moved in with my mom to take care of her. And I was garnished. And it was hell. And I wouldn't wish it on anyone. So maybe, DeVille, instead of taking pleasure in bragging about how you gave this or that advice and they deserve what's coming because they ignored your infinite wisdom, maybe, just maybe, have a heart. Choose compassion instead of smugness. Or, just keep hiding behind your computer screen.

Fri, 01/15/2016 - 23:33 Permalink
Iopafeopt (not verified)

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Sun, 11/06/2016 - 22:21 Permalink
Iopafeopt (not verified)

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Sun, 11/13/2016 - 06:27 Permalink