I have paid off a final judgment through a writ of garnishment and now the attorney wants to add interest and fees to the figure, can he do that or are the fees and interest already figured into the final judgment?
Thanks
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I have paid off a final judgment through a writ of garnishment and now the attorney wants to add interest and fees to the figure, can he do that or are the fees and interest already figured into the final judgment?
Thanks
What did the final judgement say? Usually its just the amount asked for and unless you didn't meet the terms then they can not change it.
Now if you skipped payments or took longer there may be fees that go with that. But from the sounds of it. It was a straight forward deal.
It says the total amount of the final judgment outstanding as set out in the plaintiff'smotion is______. I paid this by wage garnishment through my employer over the last year with no missed payments. Now that my employer has stopped sending money the lawyer has notified them that thereis interest and fees to pay.
Not if it wasn't asked for in the judgement. If he pushs forward with it you may have to return to court to clear it. Also you might have them on the hook for harassing you. It sounds to me like they forgot to ask for something and now that the well has run dry they are just trying to intimidate you for more.
Do interest and fees incur while the judgment is being withdrawn from my check until it is satisfied?
And if so should it be spelled out in the documents?
That is what Im trying to say. Usually it's a final and ending figure not a variable one that you give to the courts. With one small exception and that would be if asked for attorney's fees. Then that portion would be variable. But if it says 3,000 then that is what it is unless written otherwise.
The entire point of going to court is to settle the matter.
Thanks...
I appreciate your answers!
The way we do judgments isQuote:
Originally Posted by califdadof3
"$____, plus interest, $_____ costs, and $______ attorney's fees."Interest accrues, at a statutory rate, on the unpaid balance until paid. Costs are inserted by the clerk upon presentation of a cost bill. Attorney fees are awarded upon a post-judgment motion. I'm a bit surprised that the OP's judgment isn't like this.
That is the point I was trying to make. If it says something different then that is what it is. But if they left that out and the courts approved it then it's a flat amount period. They aren't entitled to ask for more once its been decided.Quote:
Originally Posted by AK lawyer
Let me try to clarify this a little.
The original judgment did specify fees like AK LAWYER described.The contunuing writ of garnishment states: The total amount of the final judgment outstanding as set out in the plaintiff's motion is $_____.
Now that this figure has been paid by paycheck withdrawal the attorney has contacted my employer and says that he wants to add $510.00 more. My question for you attorneys out there is: The writ of garnishment is specific about the amount and says nothing about post judgment fees or interest... so can he just add some because he wants to? They were added on the judgment.
Thanks
What he has in effect done is obtained a partial writ of execution, and then satisfied the writ.Quote:
Originally Posted by jmasso1
Your employer may not honor his request that it pay more than specified in the writ. If push comes to shove, the attorney could ask for a supplemental writ of execution to complete satisfying the judgment. You, in turn, could oppose this application (If you get notice of it; notice of writs of execution is not normally required), by arguing that he waived the extra amount.
I think it boils down to - in layman's terms - the Judgment was for X dollars. You paid Y dollars through a writ of execution.
You still owe the balance to satisfy the debt.
AK LAWYER... Thanks for your answers... Could you explain in more detail about a partial writ.. is that the same as a continuing writ of garnishment? Should my employer decline this in writing or ignore his request. I would not want for them to do anything that is not correct.Quote:
Originally Posted by AK lawyer
I am grateful this is paid and my conscience is clear of this debt, but enough is enough. Here in Florida as I am sure you know is 25% of disposable income. It's nice to have that back with 2 kids in college.
Thanks
What it really is that I owed x dollars and paid x dollars through the court system now he wants more.Quote:
Originally Posted by JudyKayTee
The creditor cannot change the Judgment amount or ask for more money. If you paid the entire Judgment (which may not be the same amount as the writ) go back to Court and prove it.Quote:
Originally Posted by jmasso1
I still suspect you are dealing with two different amounts, nothing illegal, to be paid in two different ways.
The only way to know is to check with the Court.
It's simply a term I created to describe what it looks like happened. Suppose, hypothetically, the judgment had said you owe $100 and the writ directed the employer to pay $50 of what was owed to you, to the court for satisfaction of the judgment. That's what I would call a "partial writ".Quote:
Originally Posted by jmasso1
No, a continuing writ of garnishment is different. Using they same hypothetical, that the judgment said you owe $100, if you earned $50 in a pay period, the employer would not yet owe you the full $100 writ amount. It would only owe you $50, so the writ continues until the entire writ amount is paid.
That is of course up to your employer. But I would tend to advise that the employer write a letter to the plaintiff's attorney refusing to comply, explaining that the writ has been fully complied with and that employer would be in violation of labor laws if it failed to pay you the money you have coming.Quote:
Originally Posted by jmasso1
OK were getting a little off base here... The judgment says I owe x amount of dollars... The continuing writ of garnishment says the same x amount of dollars. Through my employer I paid the same x amount of dollars
by wage garnishment over the last 14 months. My employer stopped the garnishment 5 weeks ago because they say I satisfied what the writ amount stated. My employer gets a letter from the collection atty that I still owe 510.00 more dollars. So where did that come from and can he add more than what the judgment says.
Thanks
No. The creditor is bound by the Judgment - but then it becomes important to know what the Judgment says. Does the Judgment give a dollar amount and then state something along the lines of "interest accruing at a rate of X%?"
Thanks JudyKT,
I'll check that out.
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