If a creditor did not receive the paymentsgarnished from my pay, should I ask my employer to put a stop payment on the old checkkand re-issue it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a creditor did not receive the paymentsgarnished from my pay, should I ask my employer to put a stop payment on the old checkkand re-issue it?
My employer honored a garnishment request against my paycheck in 07/10. They sent the withheld funds from my paycheck to the garnisher in August 2010. The garnisher has now but an attachment on my bank account for the full balance. When I spoke to the garnisher they stated they did not receive the funds from my employer. My paystubs show the amounts withheld & my employer provided me with the check register & the check stub showing that they sent in the payment. The check has not cleared my company’s account.
Asked on October 28, 2010 under Bankruptcy Law, Maryland
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Was this a one time garnishment or was it a monthly garnishment? The way that you have phrased the question it appears to have been a one time deal. And your employer appears to have complied with the garnishment request. Get a letter from your employer and copies of all the supporting documentation and send it to the creditor. She them that it was indeed paid and that the check was not cashed by them. Ask them to release your account and you will request that the money be re-issued to them. Technically you are being charged twice as the money already came out of your paycheck. That can not be allowed. If they do not comply call the state Attorney general's office. Good luck.
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.