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

    Dec 15, 2010, 08:46 AM
    Can I sue someone if my paycheck is garnished after I satisfied a judgement?
    In Oct 2006 I was involved in an accident at the time of accident I my insurance had lapse. I was sued in small claims court and I paid the judgement amount of $1613 by the deadline. Now the plaintiff is trying to get more money by garnishing my paycheck after I've satisfied the judgement. If my paycheck is garnished for a judgement that has been paid. I need to sue this person. Under what wrongful suit? Can I do this?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Dec 15, 2010, 08:54 AM

    Find out what court issued the writ of garnishment first. Present proof there that it was paid BEFORE you were garnished and yes you ARE going to have to priove that either way... Perhaps that might be easier and more reliable. As they might be able to recover it more expediantly.

    If you go straight to small claims court... while you might win... actually collecting it is something else.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Dec 16, 2010, 07:00 AM
    Quote Originally Posted by monicawells View Post
    ... I paid the judgement amount of $1613 by the deadline. ...
    What deadline was that?

    Quote Originally Posted by monicawells View Post
    ... Now the plaintiff is trying to get more money by garnishing my paycheck after I've satisfied the judgement. ...
    Respond to the garnishment by showing that the judgment has been paid.
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