If a creditor got a default judgment with a wage garnishment but I eventually had it set aside when the debt could not be proven, can I recover my wage garnished?

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If a creditor got a default judgment with a wage garnishment but I eventually had it set aside when the debt could not be proven, can I recover my wage garnished?

If so, from whom, the court or the creditor?

Asked on June 25, 2015 under Bankruptcy Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You may be able to recover the amount(s) garnished, since they should not have been taken from you if the debt was not valid. You would recover them from the creditor, who received the money from the garnishment. If they will not voluntarily repay you, you would have to sue them and win in court to get the money.


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