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    cklatt5's Avatar
    cklatt5 Posts: 1, Reputation: 1
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    #1

    Sep 5, 2010, 11:40 AM
    How to get garnished withheld funds back from garnishee
    My wages have been garnished by Capital One from 2002 judgement, my employer has been withholding funds from my paycheck, to my knowledge it is still within the 28 days they are supposed to hold them before sending them to Capital One because they have to allow time for me to dispute, which I filed an order with the court to set up installment payments and it has been granted. I would like to know if the withheld funds will be returned to me because I have an order to make monthly payments, I am behind on my bills because of the garnishment, the amount I am to pay monthly is a more manageable amount for me, but I really need the withheld money back to catch up. Does anyone know if the funds will be returned to me?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Sep 5, 2010, 12:26 PM

    I would like to think that the money already handed over in garnishment would be deducted from the whole amount. In that case you would be ahead to start paying monthly payments. To answer your question, you would have to ask the court if the previous funds taken through garnishment would be given back to you, but I don't think this is likely.

    Tick
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Sep 5, 2010, 12:48 PM

    It is doubtful that funds already garnished prior to any modification of that garnishment order will be returned, but merely applied to the amount of debt.

    Also did the court over turn the order for garnishment ? And if so was the employer served with papers to stop future garnishments.
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