How can a creditor come back and garnish your wages after the garnishment was paid in full?

Question Details:

My wages was garnished for a debt that I owed. I payed off that debt in July received a letter stating that this was paid in full. Last month they sent me an affidavit saying that they were garnishing me for interest? How could that be the paperwork clearly states that interest, court costs and everything was included!

Asked 11/9/2009 under Business | 297 View(s) | More Legal Topics

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Business Law Answers

I'm not sure why you've waited until now, after getting that affidavit.  You may need to have a lawyer's help to straighten this all out.

A garnishment has to be based on a judgment, which is issued at the end of a court case (either a trial verdict, or a default if the defendant doesn't answer, usually).  Once the garnishment pays off the judgment, a "satisfaction" needs to be filed with the court, to end the lien of the judgment and show that it has been paid in full.  After that's done, the judgment cannot be used against the debtor again, without a new court order re-opening the matter, and that would take some serious proof.

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