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Sub: #1 When does wage garnishment stop?
Replied on 08-07-2009, 08:21 AM
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Hi everyone,

My wage are currently being garnished by the new york city sheriff, the amount that I owed RAB recovery services was for $1,130 it's been about a month an a half since that amount was fully paid for.

The sheriff is still garnishing my wages and the amount is now up to about $1,507, when does it actually stop? Who do I call and how can I get garnishement stopped and get a refund for the amount over withdrawn?

Can anyone help me with this? Are their any other hidden fees associated or is it that it takes these people several days to actually receive the full payment?




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Sub: #2
Replied on 08-07-2009, 09:31 AM
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The judgement against you will be for the debt plus legal fees and court costs. There should be some documentation with the judgement amount. Don't you have a copy? If not go to the court house and request a copy.

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Sub: #3
Replied on 08-07-2009, 06:09 PM
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You have to figure in interest too. How long ago was the judgment? Any states I've looked into allow 9-12% on judgments from date of entry.

And yes, as frogpatch said, judgment amounts usually do not include court costs - those are in addition to the judgment balance.

You should be able to contact the attorney who's handling the case for the creditor, and request an accounting of the balance owed and payments applied. If they took more than legally allowed, then you will be entitled to a refund for the credit balance.

NotAVictim
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Sub: #4
Replied on 10-21-2009, 03:28 PM
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I just paid off a garnishment. It was based on a Writ of Garnishment sent to my employer from my creditor's attorney. The Garnishment amount included the Judgement Amount, interest and court costs. One paycheck later I was garnished again based on a 2nd Writ from my creditor's attorney. That writ was based on an affidavit of Current Balance Due on Garnishment Order. It showed the original Judgement amount, a different interest amount, cost of the affidavit and an incorrect Amount Paid. I requested a hearing for Determination of Current Balance Due on Garnishment Order. The creditor's attorney did not show for the hearing. I presented evidence showing the dates and amounts taken from my earnings which was equal to the original writ. I requested a full and total Release from the Debt. I received a Magistrate Report recommending that the Debt was Paid in Fule and the Garnishment be released. It is to be reviewed by the judge tomorrow and I have high expectations that he will agree with the Magistrate's Report.

NotAVictim
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Sub: #5
Replied on 10-21-2009, 03:33 PM
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I have learned that the original Judgement gives the creditor a lot of power. You really need to follow through with the Court in which the original Judgement was granted and get the Garnishment released. Get all the documentation you can as I believe a lien was also placed on my house based on the Judgement. I will still need to follow up to ensure that was removed as a result of the Order of Debt Paid.




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