Need legal advice about garnishment
Date: Sat, 01/24/2009 - 23:35
Okay all you legal experts..I've been searching for hours and can't find an answer.
My husband had a judgment against him (entered around Nov. 2006). By January 2007, he received a Writ of Garnishment and the money was already being taken out of his check. He went to court to object to the garnishment within the time frame allowed, at which time, the Attorney agreed to settle for a lesser amount, said she would dismiss the garnishment if we would agree to installment payments. We have been diligent about making the payments and almost have the debt completely paid off.
My question is this: Should the $514.00 or so, that was initially withheld to satisfy the garnishment be applied to the settlement amount? Or do they legally get to keep that, in addition, because it was withheld prior to the garnishment dismissal?
I keep wanting to believe that because the garnishment was dismissed, those funds should have been 'returned' (or applied to the lesser settlement amount) since they're on 'hold' for 28 days, pending the outcome of the garnishment objection. What do you think?
My husband had a judgment against him (entered around Nov. 2006). By January 2007, he received a Writ of Garnishment and the money was already being taken out of his check. He went to court to object to the garnishment within the time frame allowed, at which time, the Attorney agreed to settle for a lesser amount, said she would dismiss the garnishment if we would agree to installment payments. We have been diligent about making the payments and almost have the debt completely paid off.
My question is this: Should the $514.00 or so, that was initially withheld to satisfy the garnishment be applied to the settlement amount? Or do they legally get to keep that, in addition, because it was withheld prior to the garnishment dismissal?
I keep wanting to believe that because the garnishment was dismissed, those funds should have been 'returned' (or applied to the lesser settlement amount) since they're on 'hold' for 28 days, pending the outcome of the garnishment objection. What do you think?
I believe this should be applied to the settlement amount.
I believe this should be applied to the settlement amount.
Usually when a settlement is offered/accepted, it is based on th
Usually when a settlement is offered/accepted, it is based on the current balance on the date of the agreement.
Thanks Soaplady, but if I understand the instructions to the gar
Thanks Soaplady, but if I understand the instructions to the garnishee (my husband's employer) correctly, if an objection to the garnishment is filed, which it was, the garnished payments are to be withheld from his check but not paid until further ordered by the court. The garnishment was released so the plaintiffs got the money after the settlement agreement was reached, as far as I understand.