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View Full Version : Overpaid Judgement/Garnishment


loopygrl
Mar 30, 2013, 08:34 AM
I had a defaut judgement granted against me that I had not been aware of in the amount of $2,291.96. The company was able to get a garnishment on my wages and started deducting $117.80 weekly. Two weeks after they started taking money I contacted the law office that was representing the collector to pay the debt in full. He told me that because I get paid weekly and there is no easy way to settle a sebt after garnishment begins that I needed to pay the debt in full and I would be reimbursed for overages. He also told me that it will take time to go through the court system so they will continue to garnish my wages until then. I made a lump sum payment of $2304.01. The total amount garnished from my wages before the order was ceased is $703.45. When I paid it in full I was told that $2304.01 which is $14.95 more than the original amount owed. Is there a fee associated with that to explain the difference? My real concern is, while the garnishment order was ceased by the court I have nothing in writing stating that the debt was paid except for the order from my employer showing it was stopped. How do I go about getting back the $700.00 in overages that were taken? What are my options?

ScottGem
Mar 30, 2013, 10:13 AM
You should have gotten the settlement agreement in writing before you paid any money. You should also have asked for an accounting of what you were told to pay, though the extra is probably interest.

Did you pay by check? Do you have a copy of the cancelled check?

loopygrl
Apr 3, 2013, 04:53 AM
You should have gotten the settlement agreement in writing before you paid any money. You should also have asked for an accounting of what you were told to pay, though the extra is probably interest.

Did you pay by check? Do you have a copy of the cancelled check?

It wasn't a settlement, so there was no settlement agreement. The garnishment went through the courts and the judgement was paid in full. I have court documents showing what I owed, and I have documentation of everything that I paid. It was not a check, it was a debit payment made to the law firm that is representing the creditor, and yes I have a statement showing the amount paid and to whom.

ScottGem
Apr 3, 2013, 01:38 PM
Then you take the agency to court to recover your over payment.