Garnishment against a bank account
Date: Wed, 04/27/2011 - 16:40
Hi
I won a small claims case and the defendent refused to pay the judgement. I filed a garnishment against their bank account. I received a call from the defendents lawyer that they now have a check for us in the full amount of the judgement. It is a cashiers check.
The lawyer threatened me saying that if I cash the check, I am liable for any damages the company may incur due to the garishment against their account until the court processes the "release of garnishment" paper work.
Is this correct? Should I hold the cashier's check until the release of garnishment is confirmed.
I won a small claims case and the defendent refused to pay the judgement. I filed a garnishment against their bank account. I received a call from the defendents lawyer that they now have a check for us in the full amount of the judgement. It is a cashiers check.
The lawyer threatened me saying that if I cash the check, I am liable for any damages the company may incur due to the garishment against their account until the court processes the "release of garnishment" paper work.
Is this correct? Should I hold the cashier's check until the release of garnishment is confirmed.
Talk to the court. IMHO the attorney is blowing hot air....you
Talk to the court. IMHO the attorney is blowing hot air....you are the damaged party and they are setting conditions on when you can recover your funds. I really doubt you have to sit and wait until the court processes the paperwork. I would call around and ask an attorney....they cannot threaten you with damages for something that is out of your control.
