After a garnishment is awarded and the amount ordered is found to be different in my favor, is the court order still valid?

UPDATED: Apr 30, 2012

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After a garnishment is awarded and the amount ordered is found to be different in my favor, is the court order still valid?

I was in dispute over the amount of a bill for health coverage. The hospital claimed we did not report our childs birth and were charging us for it. After we lost, it was found that we did report his birth and we did not owe that portion of the bill. Now the debt collector just used that judgement to empty our bank accounts. How is that legal? To me, its seems like being sued for steeling something, losing, being ordered to pay, then whatever was said to be stolen insuit is recovered yet the winner of the suit is still using judgement to collect money.

Asked on April 30, 2012 under Bankruptcy Law, Oregon


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have just had your bank account "tapped" by a judgment levy, I suggest that you immediately file a claim of exemption with the court and assert new "evidence" that a portion of the bill owed was not owed due to the issue of the reporting of your child's birth.

The problem that I see is that there is a judgment against you and the new evidence that you have written about appeared after the judgment was entered against you. As such, I recommend that you immediately consult with an attorney about the new evidence to see what can be done to place before the court this new evidence to assist you.

The problem for you presently is that the judgment against you is valid as is. You will need to file some motion with the court or get some stipulation from the judgment creditor that you are entitled to a reduction in the amount awarded based upon the issue of reporting the birth of the child that you have written about.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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