Can a collection agency obtain a subsequent garnishment to pay additional interest without a court order?

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Can a collection agency obtain a subsequent garnishment to pay additional interest without a court order?

A garnishment was paid off and now, almost 2 months.= later, my employer and I received an additional garnishment order in regards to the first one (from a collection agency). Supposedly I now owe an additional $600 in interest that was accrued while I was paying off the initial garnishment order (which stated that interest was included). I paid this off in 3 and 1/2 months. Can they do this and order my employer to garnish my wages again? I thought this had to come from a court order?

Asked on February 23, 2011 under Bankruptcy Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You were right to be alarmed.  If as you say the initial payments included interest then there should not have been any additional interest accruing.  And I would not honor the garnishment order unless it was accompanied by an order of the court for the additional interest.  What you need to do is to write an objection to the garnishment, which you are entitled to do if you feel that the debt is invalid. The objection must be heard by a judge and the garnishment letter should have instructions about doing this.   Attach to the letter of objection all the documentation you have to support the argument you have made.  Send it off to the proper authorities.  Good luck.


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