Refund for too much Garnished?
Date: Mon, 05/03/2010 - 22:43
I was sued for an old credit card long forgotten, and unfortunately was never notified until my bank account dropped by a rather large amount. When I investigated, I learned that I was defaulted on (not sure how I was sued without being served), and that my wages were in the process of being garnished as well as the bank withdrawal.
I'm not crying about being sued; I was young and stupid and you make your own luck in life. What I'm most interesting in is that initial bank garnishment. My wages were garnished for the total amount awarded to the collection agency, without subtracting the funds from my bank. So it would appear that I am owed that initial sum, no? I did find my case online and it shows the receipt of the money to the court and then sent to the creditor, and the amounts add up perfectly to the bank funds being totally extra.
How would I go about getting this back? My case is still "open" according to the court's website, and the wage garnishment ended 4 weeks ago. The court records do show that all the funds collected were sent to the creditor, including the overage. I had hoped that the court would simply only forward what was owed, and not just everything collected.
Thank you very much.
how long ago did the wage garnishment start? Heres the thing--s
how long ago did the wage garnishment start? Heres the thing--since they did this wrong by not serving you, you could have had the whole thing thrown out. In fact, there are a couple of reasons why this debt collector may owe you the entire amount back that they took from all sources. Even if the debt was legitimately yours, there is a statute of limitations on debts in every state. Once that time limit passes, they cannot legally sue you at all. In fact, in New York right now, the attorney general has filed a lawsuit against 37 different debt collection firms because they sued people exactly like you have been sued in this case. They lied to the courts about serving the summons in thousands of cases, and often sued people when the SOL had passed. If youre willing to provide a little info, it may be possible that we can help you to recover all of these funds. Sure, I understand that you owed the debt, but the law says what the law says. If they didnt serve you the summons, then they lied to the court, because they have to show the court that they properly served you before the case can proceed. First, what state did this take place in? Second, you said it was an old debt, just how old are we talking about here? Did they sue you in the county and state where you live? If not, they sued you in the wrong place and the judgment could have been vacated for being in the improper venue. Get back to us, let's see what we can do.
When you were not properly served, you might have a chance to va
When you were not properly served, you might have a chance to vacate the judgement on that ground. Check out if that provision is still available to you or not.
Thanks for the replies. This all took place in Ohio, and the SOL
Thanks for the replies. This all took place in Ohio, and the SOL doesn't apply. I beleive it's 15 years here, and the last activity for the account (a half assed attempt at paying off the debt) was a about 7 years ago.
As for being served; I live in a condo, with a group mail box. The online court records show that I was sent a summons later last year via registered mail, but it was never answered and sent back to the court. I'm assuming the letter was just put in the wrong box, which happens all the time here. No second attempt to get a hold of me was made, aside from a second letter about a month after the first which says was sent simple first class mail. I didn't get this letter, either. Actually, I haven't gotten anything in this matter that was sent from the court directly at all. The address is correct online, but I hve to assume they're either not sending it to the right place, or my neighbors have been just tossing the letters if they've been getting them. Either way, all the notices have been sent from the court itself, an the records show they never got a response from me but proceeded anyway. I'm just assuming that it was legit since the creditor themselves only show in the records as filing paperwork, and didn't seem to have a hand in actually contacting me directly.
The amount isn't huge, and hiring a lawyer was never really worth it. By time I found out about all this, the money was already out of my bank account and my wages started to be garnished (the bank happened the week of Christmas '09 and the wages were out of my checks starting the beginning of February).
At this point, I really just want it over with, and honestly am glad it happened cause it kicked my butt into looking into any other old random bills I ignored years ago. This is the last one to deal with now, and as far as I can tell it's over with save for the fact that I totally over paid it. I would love to see a check for the difference and a letter of finality on the matter.
Thanks again.
there should be no "hoping" about receiving an overpayment. you
there should be no "hoping" about receiving an overpayment. you should call the collection agency and explain what happened to them and make sure their story is the same. once you've confirmed there is indeed an overpayment due to you they should cut a check. furthermore ask for something in writing stating the matter is satisfied. since you're having such issues with your mail perhaps it would be best if you pick it up.