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Recovering garnished funds
There was a Writ of Garnishment issued against me because of a Default Judgment for a Complaint that I was never properly served so I filed a Motion to Vacate and requested a hearing on the Garnishment. At my hearing, the Judge issued a stay on my garnishment and ordered that no more funds be withheld and that any money already withheld has to be returned until the issue with the Motion is decided. There have already been two withdrawals taken from my paychecks and sent to the attorney so my question is how do I go about getting the lawyer to honor the order the Judge issued and get my money back. Is there any additional legal filings I need to do to get them to give back the money?
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The order was issued on 10/24 and the lawyer was in attendance via the telephone so he also heard what the judge had to say and acknowledged he understood the order. My understanding is that the court is suppose to send them a copy but I can send him one as well. I just wanted to know if I had to request that via some formal court paperwork or just a regular letter would suffice.
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As I understand what you are saying, you don't have a written order. You might want to submit an order for the judge to sign. Ask the clerk of court how to do this.
You need to make sure your employer gets a copy of this order. If money was garnished and sent directly to the attorney (This is unusual; usually it would be sent to the clerk of court.), file a motion with the court asking that the attorney be held in contempt for failing to return the money as ordered. |
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We are only talking about a couple of days here. Depending on how big the attorney's firm is, it can take a few days to cut a check.
That doesn't mean you can't follow up with the attorney's office and find out when the check will be cut. |
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The judge did sign an Order on 10/24 to Stay the Garnishment until he rules on the Motion to Vacate. I assume the court will send a copy to the Attorney. I've already provided a copy to my employer but unfortunately they've informed me that it's too late to stop the payment that will be taken out on 10/28 (my next pay date) and they will refund me my money as soon as they get it returned to them. My employer stated that the two other withholdings that they've taken out have been mailed to the attorney.
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