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abstruse34 · Jun 9, 2008, 03:03 PM

I have paid 10K in 10months for a garnishment, I only owe $1400. I want to pay it out but Fulton county has been holding $6K in an escrow account since Feb only forwarding $3600 to the creditor. If I pay it owe they will continue to garnish my check, how do I stop the garnishment because even when they take all the money through garnishment because Fulton County is illegally holding the money I will continue to be garnished. All other counties hold the funds for a maximum of 15 days these theifs are holding it for months. They haven't forwarded a payment sent February, this has got to be illegal. Please help!

progunr · Jun 9, 2008, 03:14 PM

If you have proof that the entire amount is paid, with canceled checks, or receipts, you can ask the court to enter a satisfaction of judgment.

You would have to have proof of the entire amount being paid, and the court house should have the necessary form for you to request this.

Without proof of the full judgment being paid, you are at the mercy of waiting for the plaintiff to do so, and you may need to consult with an attorney.

George_1950 · Jun 9, 2008, 03:19 PM

If you can prove the amount deducted from your pay on this garnishment, and prove what the court is holding and what has been paid to the satisfaction of the judgment creditor, it may give you a 'release' of garnishment, as opposed to a 'dismissal' of garnishment. The release will allow your employer to stop withholding from your pay without liability to the creditor. As for the funds being held in 'escrow' by the clerk of court, the garnishment should be assigned to a judge, whose initials may be a part of the 'case number'. Find out which judge the garnishment is assigned to, and write him a letter about your present concerns. Ask for the judge's help with this.

Fr_Chuck · Jun 9, 2008, 03:24 PM

Make a motion to stop the garnishmnet with evidence that it has been totally paid.

abstruse34 · Jun 9, 2008, 04:22 PM

Originally Posted by George_1950

If you can prove the amount deducted from your pay on this garnishment, and prove what the court is holding and what has been paid to the satisfaction of the judgment creditor, it may give you a 'release' of garnishment, as opposed to a 'dismissal' of garnishment. The release will allow your employer to stop withholding from your pay without liability to the creditor. As for the funds being held in 'escrow' by the clerk of court, the garnishment should be assigned to a judge, whose initials may be a part of the 'case number'. Find out which judge the garnishment is assigned to, and write him a letter about your present concerns. Ask for the judge's help with this.

Thank you for the quick follow-up. I just found online that the correct filing would be a Traverse, which I will handle in the morning. Thanks again for pushing me in the right direction.

Fr_Chuck · Jun 9, 2008, 04:38 PM

And if this is Fulton County, Georgia, ( who are out of money) welcome to the Ga court system

George_1950 · Jun 9, 2008, 04:49 PM

Originally Posted by abstruse34

Thank you for the quick followup. I just found online that the correct filing would be a Traverse, which i will handle in the morning. Thanks again for pushing me in the right direction.

The 'release' will stop the garnishment quicker than the 'traverse'; the traverse should draw appropriate attention to funds held by the court. I believe the judgment creditor must write to the clerk and request the funds to be disbursed. Do you know whether your employer has filed an 'answer' each month with the court and sent a copy to the garnisher? Something else to check on.