Can a law office garnish from a bank account after trying to set up payment plan or settlement?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a law office garnish from a bank account after trying to set up payment plan or settlement?

The law office garnished about $2500 after going to court and talking about payment plans or a settlement. I was told a settlement of $1500 and they would contact me with more info, only to find out today they garnished my bank account for $2,636.07 and never contacted me.

Asked on February 6, 2012 under Bankruptcy Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It depends on whether there was an agreement to accept $1,500 as settlement, with just some final details to be worked out (and all evidence that you did or would accept those details), or if there was not firm agreement, just some discussion of a possible setttlement. In the former case, you could enforce the agreement; they can't garnish or take other legal action so long as you are complying with your end. In the latter case, if there was just discussion but nothing firm or accepted by both sides, they are allowed to go ahead with whatever other legal remedies they may have.

If you feel they violated an actual agreement, you should go to court seeking an order that they return the money and cease other collections activities; in many jurisdictions (like NJ) this called an Order to Show Cause; it is also known as "injunctive relief."


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption