Can a creditor re-start a garnishment by claiming more money is owed than that which the judgement called for?

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Can a creditor re-start a garnishment by claiming more money is owed than that which the judgement called for?

I had a judgement of $5518.91 against me it included attorney fees and court costs they did say could be charged interest of 11%per year. I paid back $5542.29 about 8 months ago and they stopped the garnishment (that had been taken out for a little over 2 years). Now they started taking money out again and claiming I owe $1700 more.

Asked on August 16, 2011 Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

All states have laws stating that judgments accrue a certain legal interest rate running upon them from the date of entry until payment. In California, the interest rate on a judgment is 10% per annum.

If you paid off the judgment, court costs and attorneys fees against you, but did not receive a full signed written satisfaction of judgment in full from the judgment creditor against you, you unfortunately have not paid off the judgment in full against you. The judgment creditor can claim accrued unpaid interest owed on the judgment, court costs and attorneys fees against you.

You need to calculate whether the $1,700.00 claimed is the right amount. In payments on obligations, accrued interest is paid off first and then the principle amount.

Good luck.


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