If I paid off a garnishment in full but money is still being taken out of my paycheck, what can I do?

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If I paid off a garnishment in full but money is still being taken out of my paycheck, what can I do?

I am writing to you in reference to a garnishment placed with my employer in the amount of $1,030 filed with the court 3 month ago. Upon notification of the garnishment, I spoke with the law office who filed the document. In the middle of lsat month, I sent 2 checks for the full amount. My employer has since taken from my paychecks $529. Both checks were cashed by the office. I have front and back copies of who cashed the checks and the dates. I contacted the court and they said they have received nothing from the lawyer’s office. I have left several messages with the law office but no one has returned my calls.

Asked on June 8, 2012 under Bankruptcy Law, Georgia

Answers:

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

Answered 9 years ago | Contributor

Then you need to make a motion under the court index number and in the court where the judgement was issued asking for the garnishment to cease as the debt was paid in full and for the return of the money.  The lawyers may not have realized when they cashed the checks that the debt was paid in full already.  It would be unethical for them to continue to take the funds and not to discontinue the matter.  Send them a letter by certified mail before you file the motion but understand that the oney will continue to come out.  Good luck.


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